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FULL OF ILLUSTRATIVE ENGRAVINGS. 



THE WHOLE CO.HPEETE IJ¥ THIS VOEU.TIE. 



THE TRIAL 



OF THE 



ASSASSINS AND CONSPIRATORS 

AT WASHINGTON, D. C, MAY AND JUNE, 1865. 

FOR THE MURDER OF PRESIDENT LINCOLN. 




JOHN WILKES BOOTH, THE MURDERER OF ABRAHAM LINCOLN. 



Beins a full and verbatim Heport of the Testimony of all the Witnesses examined in 
the whole Trial, with the Arguments of Counsel on both sides, and the Verdict of the Mili- 
tary Commission; with a sketch of the Life of all the Conspirators, and Portraits and Illus- 
trative Engravings of the principal i>ersons and scenes relating to the foul murder and the 
trial. It also contains items of fact and interest not to be found in any other work of the 
kind published. The whole being prepared, on the spot, by the Special Correspondents 
and Beporters of the Philadelphia Daily Inquirer, expressly for this edition. 

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Complete and Unabridged Edition. — Containing tlie wliole of the Suppressed Evidence 

THE TRIAL 



OF THE ALLEGED 



ASSASSmS AND CONSPIRATORS 

AT WASHINGTON CITY, D. C, MAY AND JUNE, 1865. 



FOR 



THE MURDER OF PRESIDENT ABRAHAM LINCOLN. 
FULL OF ILLUSTRATIVE ENGRAVINGS. 



Being a full and verbatim Report of the Testimony of all the Witnesses 
examined in the whole Trial, with the Argument of Reverdy Johnson on 
the Jurisdiction of the Commission, and all the Arguments of Counsel on 
both sides, with the closing Argument of Hon. John A. Bingham, Special 
Judge Advocate, as well as the Verdict of the Military Commission; 
with a sketch of the Life of all the Conspirators, and Portraits and Illus- 
trative Engravings of the principal persons and scenes relating to the foul 
murder and the trial. It also contains items of fact and interest not to 
be found in any other woi-k of the kind published. The whole being com- 
plete and unabridged iu this volume, being prepared on the spot by the 
Special Correspondents and Reporters of the Philadelphia Daily Inquirer, 
expressly for this edition. 



Jpl)ilai)clpl)xa: 

T. B. PETERSON & BROTHERS, 

306 CHESTNUT STREET, 



Entered according to Act of Congress, in the year 1S65, by 

T. B. PETERSON & BROTHERS, 

In the Clerk's Office of the District Court of the United States, in and for the Eastern District of 

Pennsylvania. 



^ 



THE TEIAL 



OF THE ALLEGED 



Assassins and Conspirators. 



!-•-•>— <«-^l 



THE COFRT MARTIAL. 

On the first of May, 1865, Presi- 
dent Johnson issued the following 
order for the trial of the criminals : 

Executive Chamber, ) 
Washington City, Matj 1, 1865. J 
Whereas the Attorney General of 
the United States has given his opinion 
that the persons implicated in the 
murder of the late President, Abra- 
ham Lincoln, and the attempted 
assassination of the Hon. William 
H. Seward, Secretary of State, and an 
alleged conspiracy to assassinate 
other officers of the Federal Govern- 
ment at Washington city, and their 
aiders and abettors are subject to the 
jurisdiction of and legally triable 
before a military commission : 

It is ordered: First — That the As- 
sistant Adjutant General detail nine 
competent military officers to serve as 
a commission for the trial of said 
parties, and that the Judge Advocate 
General proceed to prefer charges 
against said parties for their alleged 
offences, and bring them to trial be- 
fore said military commission ; that 
said trial or trials be conducted by 
the said Judge Advocate General, as 
recorder thereof, in person, aided by 
such assistant or special judge advo- 
cates as he may designate, and that 
said trials be conducted with all dili- 
gence consistent with the ends of jus- 
tice, and said commission to sit with- 
out regard to hours. 

Second — That Brevet Major Gene- 
ral Hartranft be assigned to duty as I 
Special Provost Marshal General, for I 
the purpose of said trial and attend- j 
ance upon said commission, and the ! 
execution of its mandates. 



Third — That the said commission 
establish such order or rules of pro- 
ceeding as may avoid unnecessary 
delay and conduce to the ends of pub- 
lic justice. 

ANDREW JOHNSOX. 
Adjutant General's Office, \ 
Washington, D. C, May 6, 1865.) 
Official Copy: 
W. A. Nichols, 

Assistant Adjutant General. 

In compliance with this order the 
following officers were detailed as 
members of the military commission: 

PRESIDENT. 
Major General David Hunter. 

MEMBERS. 
Major General Lew. Wallace, 
Brev. Maj. Gen. August V. Kautz, 
Brig. Gen Albion P. Howe, 
Brig. Gen. Robert S. Foster, 
l^RiG. Gen. James A. Ekin, 
Brig. Gen. Thomas M. Harris, 
Col. Charles H. Tompkins, 
Brevet Col. D. R. Clendenin. 
The prosecution was conducted by 
Brigadier General Joseph Holt, 
Judge Advocate General ; assisted by 
Brevet Colonel H. L. Burnett, of 
Indiana, and Hon. John A. Bingham, 
of Ohio, Assistant Judge Advocates. 
The prisoners selected for their 
counsel, Reverdy Johnson, of Mary- 
land, Thomas Ewing, of Kansas, W. 
E. Doster, of Pennsylvania, Fred. A. 
AiKiN, District of Columbia, Walter 
S. Cox, John W. Clampit, and F. 
Stone, of Marj'land. 

The commission was composed of 
men of distinguished ability and in- 
telligence. General Hunter is known 
as a man of superior attainments, and 
had served on a large number of Courts 

(15) 



16 



TRIAL OF THE ASSASSINS AT WASHINGTON. 



Martial. Major General Lew. Wal- 
lace is not only one of the most gal- 
lant officers in the arra_y, but he is also 
a lawyer of great eminence, ranking 
among the first legal minds at the bar 
of his native State, Indiana. He was 
originally Colonel of the celebrated 
Ilth Indiana Zouaves, and was pro- 
moted to Brigadier General, and af- 
terward to ]\Ia]or General, for gal- 
lantry in the field. At present he 
commands the Middle Department, 
headquarters at Baltimore, a position 
which he has held for nearl}^ two j'ears. 
General Kautz is the celebrated Cav- 
alry leader, and a man of great deci- 
sion of character. Brigadier General 
Foster, of Indiana, Brigadier General 
Howe, of Maine, Brigadier General 
Harris, General Ekin, and Colonels 
ToMKiNS and Clendemn are soldiers 
who have won most honorable dis- 
tinctiod in the service during the past 
loiir j-ears. 

Hon. Joseph Holt, Judge Advo- 
cate General of the United States, 
needs no eulogy. His reputation as 
a lawj-er is known throughout the 
nation. He was ably assisted by As- 
sistant Judge Advocate Bingham, of 
Ohio, and Assistant Judge Advocate 
Burnett, of Indiana, the latter gen- 
tleman having conducted the prosecu- 
tion of the famous Indiana conspira- 
tors, who were found guilty of treason 
and sentenced to death, but who ulti- 
mately had their sentences commuted 
to imprisonment for life in the Ohio 
Penitentiary. 

Hon. Revbrdy Johnson, of Mary- 
land, has a national reputation for 
legal acumen, and was selected by 
Mrs. Slrratt as her counsel. His 
argument against the right of the 
Government to try the prisoners by 
Court Martial is an ingenious elfort 
Of the remaining gentlemen defend- 
ing the accused little is known outside 
the immediate localities where they 
practice their profession. 

LABORS OF TUB COMMISSION. 

The following interesting items will 
give tlie i)nl)lic some idea of the labor 
imposed on the Commission : 
Total number of witnesses subpcE- 

liived, ..... 4^53 
Number examined, . . . 361 | 



Number examined, including re- 
calls, 422 

Number examined, subpoenaed for 

prosecution, .... 24T 
Number actually examined, . 198 
Number subpoenaed for defence, . 236 
Number actually examined, . 163 
Total number of pages of testi- 
mony, legal cap, . . 4300 
Making a solid pile of MSS. some- 
what over 26 inches in height. 
The arguments make in addition, 
TOO pages. The vast mass of depo- 
sitions, &c., taken by three Judge 
Advocates, Colonels Burnett, Fos- 
ter and Olcott, prior to the opening 
of the case, employed five short-hand 
writers a fortnight, and will require 
two experienced clerks six weeks to 
brief and file away. In this, as in all 
State trials, the Government pays the 
expenses of the witnesses for the de- 
fence, as well as those for the prose- 
cution, at the rate of $3 ^^er diem, 
and the actual cost of transi^ortation 
from and to the witnesses' homes. 



Justice is always sure, sooner or 
later, to overtake the murderer. For 
a brief time he may elude the pursu- 
ing fate, and perhaps, as it has often 
been the case, he may cover up for 
years his footsteps and be lost to the 
keen scent of the avenger. But the 
day must come, when he will meet his 
deserts. God's eye watches him, and 
when the hour arrives, the murderer 
is exposed and justice is at last satis- 
fied. 

In the case of the assassins of Presi- 
dent Lincoln and Secretary Seward, 
the criminals were brought, either to 
a speedy death or arrest. Their plans 
of escape were well laid and promised 
success. The first great danger was 
passed when Booth and Payne made 
good their escape from the theatre 
and from Mr. Seward's house. So far 
all seemed well ; but Booth's fixll on 
the stage, which broke his leg, sealed 
his fate certainly. It was decreed 
that he should not long elude the swift 
punishment due his horrible crime — 
a crime for which there is no name. 

Payne thrown from his horse, found 
himself in the limits of the city, and 
in disguise sought the house of Mrs. 
Sukratt. The ministers of justice 



TRIAL OF THE ASSASSINS AT WASHINGTON. 



n 



-were there before him, and he fell into 
their hands unwittingly, though un- 
willingly, a couple of days after the 
assassination. 

Harold followed Booth, and proved 
a coward in the last act of the tragedy 
in which his principal died the death 
of a dog ; and, begging for life, sur- 
rendered. 

Geo. A. Atzeroth, Michael O'Lough- 
Ijn, Samuel Arnold, Samuel E. Mudd, 
and Mary E, Surratt were also duly 
arrested as accessaries to the villainous 
plot, and confined in prison to await 
their trial, which is fully reported in 
the succeeding pages. 

Sketches of the Culprits. 

Although justice decided that Booth 
should not be brought to formal trial, 
it is not foreign to the history of the 
great trial of the conspirators, that a 
sketch of the principal actor in the 
tragedy which amazed the world, 
should be given in this work. 

Jolin Wilkes Booth, 

Booth was born on his father's farm 
near Baltimore. Like his two bro- 
thers, Edwin and Junius Brutus, he 
inherited and early manifested a pre- 
dilection for the stage, and was well 
known to theatre-goers and the public 
generall}^ as a very fine-looking young 
man, but as an actor of more promise 
than performance. 

He is best remembered, perhaps, in 
"Eichard," which "he played closely 
after his father's conception of that 
character, and by his admirers w^as 
considered superior to the elder 
JBooth. He was quite popular in the 
Western and Southern cities, and his 
last extended engagement was in 
Chicago. 

Excellent actors say — and actors 
are not over-apt to praise each other — 
that he had inherited some of the 
most brilliant qualities of his father's 
genius. But, of late, an apparently 
incurable bronchial affection made 
almost every engagement of his a 
failure. The papers and critics apolo- 
gized for his " hoarseness," but it was 
long known by his friends that he 
would be compelled to abandon the 
stage. 

In the winter Of 1863 and '64 he 



pla3'ed an engagement in the St. 
Charles Theatre, in New Orleans, im- 
der the disadvantages of his " hoarse- 
ness," and the engagement termina- 
ted sooner than was expected on that 
account. He had many old friends 
in that city, but this was his first ap- 
pearance there since the inception of 
the rebellion. On his arrival he called 
upon the editor of one of the leading 
journals, and in the course of conver- 
sation he warmly expressed his sym- 
patliy with secession. Indeed, he was 
well known as a secessionist, but he 
was not one of the "noisy kind." 

His last appearance in New York 
was on the evening of November 23, 
1864, at Winter Garden, when the 
play of Julius Caesar was given for 
the benefit of the Shakspeare Monu- 
ment Fund, with a cast including 
the three Booth brothers — Edwin as 
" Brutus," Junius as " Cassius," and 
John Wilkes as " Marc Antony." 
In the early part of 1803, during an 
engagement at McVicker's Theatre, 
Chicago, he made the remark one day, 
"What a glorious opportuiKty there 
is for a man to immortalize himself by 
killing Lincoln !" 

"What good would that do?" he 
was asked. He then quoted these 
lines : — 

"The ambitions youth who fired the Ephesian dome. 
Outlives in fame the pious fool who reared it." 



ambitious 
?" was 



"Well, who was that 
youth — what was his name 
then asked. 

" That I know not," Booth replied. 

*' Then where's thofa^e you speak 
of?" 

This nonplussed him. 

From this it would seem that the 
assassin had the commission of this 
horrid crime in his mind for at least 
two or three years. 

He was a young man of slender 
form, nervous and wiry. He often 
rendered himself obnoxious in the 
theatrical circles by the expression of 
his disloyal sentiments, and was a 
great admirer of Brutus, the assassin 
of C^sar, Charlotte Corday, the as- 
sassin of Marat, Joan of Arc, and 
that class of historical characters. 
He was subject to occasional sprees 
of intoxication, and was generallv 
regarded among actors as a reckless 



18 



TRIAL OF THE ASSASSINS AT WASHINGTON. 



and erratic young fellow, though a 
tragedian of suijerior ability, origi- 
nalit}' and promise. 

Lewis Payne. 

A groat mystery envelopes this man 
— a mystery which seems impenetra- 
ble. As the assassin who attempted 
the life of Secretary Seward, more than 
ordinary interest was attached to the 
testimony aflecting his case. Who he 
i.s no one appeared to know on the 
trial. The nearest approach to any 
thing satisfactory is, that he is the son 
of a Rev. Mr. Powell, a Baptist min- 
ister, residing in Florida ; but even 
this is not positively ascertained. Miss 
Brandon, a witness, produced in his 
behalf, remembered him as a nurse in 
one of the hospitals after the battle of 
Gettysburg. He then went by the 
name of Powell; but, early in 18G5, 
while boarding with jNIrs. Brandon's 
mother, in Baltimore, he assumed the 
name of Payne. 

During the progress of the trial he 
remained apparently indifferent to all 
around, and was possessed of a most 
extraordinary control over his feelings. 
lie maintained a dogged and sullen 
demeanor throughout ; and when the 
colored waiter at Mr. Seward's was 
placed upon the witness stand, Pajme 
was directed to stand up and face the 
witness. Both looked steadily at each 
other for a few moments, when the 
colored boy pointed to Payne, saj-ing, 
" That is the man!^^ This positive 
recognition did not in the least discon- 
cert.the prisoner. But when Sergeant 
George B. Robinson, the nurse at Mt. 
Seward's, was called, and Pa3'ne was 
again directed to stand up and look at 
the witness while he detailed the cir- 
cumstances attending the attempted 
murder, the prisoner grew red in the 
face at the recital of Robinson, par- 
ticularly while he held in his hand the 
knife which Payne used on the occa- 
sion, and gave a demonstration of the 
manner in which the assassin had 
struck at tlie defenceless man as he 
lay upon his sick bed. 

The court-room was almost breath- 
less at this moment, every eye being 
turned upon the prisoner, to read in 
liis countenance the confirmation of 
the truth of the witness' statement ; 



but he not so much as stirred. His 
wild stare was fixed upon the witness.. 
His mouth was closed tightly, as if his 
teeth were firmly clenched together, 
and he stood up as straight as a statue, 
with no sign of fear, trembling, or 
trepidation. Two coats worn by Pa3ne 
on tlie night of the attempted murder 
were produced. 

The irons were taken from Payne's 
wrists, and he was directed to put 
on both coats and the hat which he 
dropped at the Secretary's house when 
he fled. The colored boy was again 
brought in, and Payne stood up, 
dressed in the clothes he wore on that 
night, and he again identified Payne 
as the man who forced himself into 
Mr. Seward's house while in this di'ess. 
Facing the witness, Payne would occa- 
sionally betraj^ a sneering]defiant smile, 
and looked like a perfect desperado. 

Major Seward, son of the Secretary, 
also positively identified Payne as the 
man who entered his father's housei 
and, in a tone of deep emotion, nar- 
rated the incidents of the stabbing of 
his father and brother, and pointed to 
Payne as the man who did it. He was 
positive as to his identity, and the 
counsel for the prisoner, after a short 
cross-examination, desisted, as a refu- 
tation of this evidence was hopeless. 
The sleeve of the woolen shirt which 
Payne had improvised into a skull cap 
on the. night he visited Mrs. Surratt's 
house, and the pickaxe he carried, 
were exhibited. 

The sleeve was put on Payne's head, 
and he was fully identified by the re- 
spective ofliccrs as the man who at- 
tempted to pass himself olf as a labor- 
ing man when he was arrested by the 
detectives at Mrs. Surratt's. The 
boots he wore on that night were also 
given in evidence, and it was shown 
that the name originally inside of 
them had been blotted out to prevent 
identification, but being experimented 
upon with oxalic acid, the name of 
"J. W. Booth" appeared. This com- 
pleted the chain of evidence connect- 
ing Payne with Booth. 

An attempt was made by his coun- 
sel to prove him insane ; but a rigid 
examination, under direction of Sur- 
geon General Barnes, furnished con- 
clusive evidence of "his sanity. 



TRIAL OP THE ASSASSINS AT WASHINGTON. 



19 



The testimony against bim during 
the trial l)rouglit out the fact that he 
was emploj^ed by the rebel plotters 
who had taken refuge in Canada to 
assassinate Secretary Seward. He 
was a fit tool for these persons — Bev. 
Tucker, Geo. N. Sanders, C. C. Clay, 
Jacob Thompson, W. N. Cleary, et 
al. Booth succeeded, but, thanks to 
kind Providence, Payne failed. If 
Abraham Lincoln was to be the 
Martyr, Wm. H. Seward, his trusty 
counselor and friend, was to* live and 
behold the triumph of our cause. 

Payne went on to play his part 
in the work on the 4th of March, 
but as the scheme was postponed, he 
found his way to the house of Mrs. 
Surratt. At her house he passed un- 
der the name of Wood. The part 
which he enacted in the assassination 
plot is explained in the testimony 
given during the trial. 

Payne is a bad looking man, tall 
and of huge proportions, neck bare, 
face smoothly shaven, a shock of black 
hair over a low forehead, and fierce 
eyes with small corner, around which 
the white is always disagreeably visi- 
ble. He leans his head straight back 
against the wall, and when looked at, 
glares the looker out of countenance. 

David 0. Harold. 

Harold, the accomplice of Booth 
in the assassination of President Lin- 
coln, is not over twenty-three years 
of age. He was born in Maryland, 
and received his education at Char- 
lotte Hall, in St. Mary's County. His 
father, a most estimable man, resided 
for many years in Washington, and 
hel(i the position of principal clerk in 
the Naval store. Young Harold was 
perfectly acquainted with the topo- 
graphy of the lower portion of the 
State, lying between the Chesapeake 
Bay and the Potomac River, and made 
an excellent guide for Booth, with 
whom he was on most intimate terms 
for several months previous to the 
assassination. Harold led a very 
dissipated life, and was notoriously 
indolent, while it was a matter of gene 
ral surprise how he obtained means 
to live. It is probable now that money 
was furnished him from the secret 
service fund of the Rebel Government, 



as Veil as to Booth, Payne and the 
other conspirators. 

Harold is an inveterate talker, and a 
great coward, as his anxiety to sur- 
render when in Garrett's barn suffi- 
ciently proves. Since his capture he 
has been talkative and reticent by 
turns, and although wearing generally 
an indiffei-ent air while in court, when 
in his cell he frequently gives way to 
fits of weeping. 

Jolin fl. Surratt, 
Surratt, the son of Mrs. Surratt, 
and one of the principal conspirators, 
made his escape, leaving Washington 
the morning after the murder, at 6.15 
A. M., going via Philadelphia and New 
York to Springfield, Mass., where he 
was delayed by trains missing con- 
nection, and remained all day. 

He then took the cars and went 
direct to Burlington, where, in getting 
his supper, he dropped his handker- 
chief with his name marked upon it ; 
at St. Alban's he left the train and 
proceeded on foot to Canada, where 
he went part way by rail and part on 
foot to Montreal, where he was secre- 
ted by some of the sympathisers, and 
on the morning of the 2d of May, he 
had an interview with George N. San- 
ders. He then left and went in the 
direction of a monastery. He was 
known to be in that vicinity that day, 
and cannot since be found or heard 
of. It is probable that he is within 
its waUs. 

Mrs. Mary E. Surratt. 

Mrs. Mary E. Surratt is the 
mother of John H. Surratt, and the 
evidence adduced during the trial, 
proves her to have been one of the 
most active and energetic of the con- 
spirators. There is no doubt but that 
she aided them in every manner in 
her power. She had the carbines pre- 
pared and the bottles of whisky ready 
for Booth and Harold when they arri- 
ved at her old- tavern in their flight. 
She is a woman of great nerve and 
energy, and an out and out rebel at 
heart. Mrs. Surratt is a Marylander, 
about forty-five or forty-eight years of 
age. Mrs. Surratt shut up her house 
after the murder, and waited with her 
; daughters till the officers came. She 



20 



TRIAL" OI^NTHE ASSASSINS AT WASHINGTON'. 



was imperturbable and rebuked her 
girls for weeping, and would have gone 
to jail like a statue, but that in her 
extremity Payne knocked at her door. 
He had come, he said, to dig a ditch 
for Mrs. Surratt, whom he very well 
knew. But Mrs. Surratt protested 
that she had never seen the man at 
all, and had no ditch to clean. 

"How fortunate, girls," she said, 
" that these officers are here ;-this man 
might have murdered. us all !" 

ller effrontery stamps her as worthy 
of companionship with Booth. 

Samuel A. Mudd. 
Samuel A. Mudd is the person who 
set Booth's leg. Mudd lives in Mary- 
land, about three miles from Brj^an- 
town, and has been known through 
the war as a strong sympathizer with 
the Rebellion. 

Geo. A. Atzeroth. 

Atzeroth, who was to murder Mr. 
Johnson, is a vulgar-looking creature, 
but not apparently ferocious ; combat- 
iveness is large, but in the region of 
firmness his head is lacking where 
Payne's is immense. He has a pro- 
tniding jaw, and mustache turned up 
at the end, and a short, insignificant 
looking face. He is just the man to 
promise to commit a murder and then 
fail on coming to the point. Mrs. Sur- 
ratt calls him a "stick," and she is 
probably right. 

Atzeroth was captured during the 
■week which succeeded the crime, and 
was taken to Washington. He had a 
room almost directly over Mr. John- 
son's. He had all the materials to do 
murder, but lost spirit or opportunity. 
He ran away so hastily that all his 
arms and baggage were discovered ; a 
tremendous bowie-knife and a Colt's 
cavalr}^ revolver were found between 
the mattresses of his bed. Booth's 
coat was also found there, showing 
conspired flight in comijany, and in it 
three boxes of cartridges, a map of 
Maryland, gauntlets for riding, a spur, 
and a handkerchief marked with the 
name of Booth's mother — a mother's 
.souvenir for a murderer's pocket I At- 
zeroth fled alone, and was found at the 
house of his uncle in Montgomery 
county. 



Edward Spangler. 

Spaxgler appears to have been 
Booth's right hand man during the 
awful scene at the theatre. Spano- 
LER was employed as the carpenter 
of the theatre. He is about forty 
years of age and of a mild looking face. 

Samuel Arnold. 

Arnold is a native of Maryland, 
and originally entered the plot to 
carry off President Lincoln and im- 
mure him in some out of the way 
house or take him to Richmond. He 
seems to have hesitated about com- 
mitting murder and was anxious fox 
Booth to get the consent of Jeff. 
Davis to the crime, before he lent it 
his countenance. He is a young man 
of some 28 years of age and of medium 
height. 

Sam. Arnold (who was arrested at 
Fortress Monroe), as well as other 
witnesses, states that one plan was to 
capture Mr. Lincoln some night be- 
tween the War Department and White 
House, where he was accustomed to 
go alone late at night. He was then 
to be hurried down through the gar- 
den of the White House, thence to 
what is known as the old Van Ness 
bouse on Seventeenth street, near the 
confluence of Tyber and Potomac 
rivers. 

This house is built near the old 
homestead of David Burns, a Scotch- 
man, whose plantation embraced 
about one-third of Washington City. 
He grew rich from the sales of land. 
About the year 1820, General Van 
Ness built a house on the old home- 
stead. It is a large brick commo- 
dious house, two stories and a half 
high. The partition walls all run to 
the same depth as cellar walls. At 
some subsequent period the cellars 
made by these walls were dug out, 
and one of them has a trap door going 
down through the floor, and was for- 
merly used for a wine cellar Another 
was used for a slave prison, and still 
another for an ice house. 

On the death of Van Ness, fifteen 
years ago, it was sold to one Thomas 
Green, who owned the Warrenton 
Springs in Virginia. Green's sons 
were all in the rebel army. 



TRIAL OF THE ASSASSINS AT WASHINGTON. 



21 



Had they been able to have gotten 
Mr. Lincoln across the Potomac and 
into Moseby's hands, all well. But 
if not then he could have been secreted 
in this house. 

There are about two acres around 
the house filled with high trees and 
close shrubbery, with a high brick 
wall along the street, shutting the 
house from the street, and any cries 
from it would be effectuaMy drowned 
long before reaching the street. 

Several times during the war was 
this house an object of suspicion, and 



several arrests were made there, but 
not until the murder were the secret 
vaults and passages found and the 
character of the place ascertained. 

Micliael O'Louglilin. 

O'LouGHLTN was designated to be 
the assassin of Lieut.-(ienl. GrxVNT. 
He has much of Booth's appearance, 
with black hair, mustache and im- 
perial, lie does not look like one who 
would be selected for such desperate 
I work. 



TRIAL OF THE ASSASSINS AM) CONSPIRATOES. 



A Description of the Conspirators. 

REYERDI JOHNSON ANB GEN. HARRIS. 
Examimatioii of* 'Witnesses 

THE TESTIMONY IN DETAIL. 



Washington, May 13.— The court Is held at 
the Old Penitentiary, in an upper room, wliite 
walled, witli two windows east and north. 
These windows are ironed with flat bars along 
the wall. 

On the west side, on raised seats, were Dr. 
Mudd, David C. Harold, Lewis Payne, Edward 
Span"-ler, of Ford's Tlieatre, Michael O. Laugh- 
lin Atzeroth and Samuel Arnold. Sitting out- 
side tlie paling was Mrs. Surratt.i^anuig on a 
small green-b;iized table. Beyond her, on the 
other side of the table, near the northern win- 
dows, sat the counsel for the accused, Thomas 
Ewing, son of tBe Ohio ex-Spnator, Attorney 
Stone, AValter S. Cox, Reverdy Johnson, Aiken 
andClarapet. / , 

Running east and west, besld^ the northern 
wall, there is a long table, also covered with 
green baize. At this sit the Court. 

Dr. Mudd looked calm, collected and atten- 
tive, leaning on the railing that surrounded him 
as if to relieve his wrists from the weight of the 
handuffs that encumbered them. 

Arnold was restless, raising his hand to his 
hair with a nervous twitching, and constantly 
varying the direction of his looks, now glancing 
from face to face, then bowing his head on his 
hand, which was supported on his knees. His 
handcufls were somevv^hat peculiar, not being 
connected asusualby a chain, but by abar about 
eight inches in length. 

Payne, dressed in grey woolen shirt and dark 
pants, seemed more intent in trying to obtain a 
full view of the sunny landscape through the 
barred windows than of contining his attention 
to the detailsof the proceedings. As he looked, 
a strange, listless dreaminess pervaded his face. 
His dark hair, irregularly parted, hung over his 
forehead and often clouded his dark blue eyes. 
His thick, somewhat protruding lips were as if 



glued together. His legs were crossed, and his 
ironed hands rested on the knee of the upper 
one. Laughlin was observant of every move 
In the Court. He leaned ba(^k, with his head 
against the wall, fully exposing his broad but 
not high forehead, crowned with a full bushy 
head or black liair. 

Atzeroth, a man some five feet six or seven 
inches in height, might have been taken, had it 
not been for his manacles, as a mere spectator. 
He possesses a style of face most commori 
in southern Germany, though his beard and 
hair are of a reddish sand color, and his eyes 
ho-ht A police officer sat beside each prisoner. 

Mrs. Surratt has already been corrcctly d^- 
scTibed; a stout, buxom widow, fitting FalstatTs 
ideal, fair, fat and forty; although it is as- 
certained she Is far beyond that period of 
life having nearly reached her grand .climac- 
tric. She was dressed in black, and looked 
a little flushed, but we failed to notice that 
cold, cruel gleam in her grey eyes, which some 
of the gentlemen of the press have attributed 
to her. . , , i. 

The court engaged in the trial of the conspira- 
tors altered one of its rules to-day, so as to admit 
reporters for the press. Hon. Reverdy Johnson 
appeared as counsel for INIrs. Surratt, whereupon' 
an objection was raised to him by General Har- 
ris, and which was withdrawn alter an earnest 
debate on both sides. , ,v, r-- i i 

Detectives Lee and the clerk of the Rirkwood 
House and the present proprietor of the house 
heretofore occupied by the Surratt family and 
others were examined with reference to this 
house 'and in relation to arms having been de- 
posited there in order to facilitate the escape of 
the assassins. The court was in session until a 
late hour. 

All Objection to Revordy .loJinson. 

The first testimony taken in the case of the 
several parties arraigned, was a portion of that 
which the Government deems it necessary for 
the present to withhold from the public. When 
that testimr>ny had all been rendered, BngadieT- 
GeneralT. M. Harris stated that he rose to ob- 
lect to the admission of Mr. Reverdy Johnson as 
a counsel pleading before the Court, and that ha 
did this upon the ground thai ih an opinion de- 
livered bv Mr. Johnson, that gentleman had ex- 
pressed liis disregard of the sanctity of an oath. 
General Harris then stated that he referred to 
the opinion expressed in a letter written by Mr. 
Johnson at the time of the Maryland Convention 
held with reference to the adoption of thf new 
constitution of th^t State. 



22 



TRIAL OF THE ASSASSINS AT WASHINGTON". 



Mr. Johnson's Reply. 

Mr. Johnston replied as follows:— It is difficult to 
speak 10 tliut objection: to speak as I I'eel, without 
having th It opinion before me. That opinion cannot 
bt tortured liy any reasouablo man to anv such conclu- 
sions There is ncrt a member of this Court, either the 
President or the member wlio objects, who recognizes 
the obligation of anoatli mure absolutely than I do, 
and there is nothhif,' in my lile, from the "commence- 
ment to the prespiu time, which would induce me for 
a moment to avoid a comparison in all moral respects 
between myselfand any member of this Court. In this 
Rebellion, which has broken down so many moral 
principles.it has been my pride to stand by the Go- 
Teroment Irom the bes^inning to the present moment 
ondlolako every obligation which the Government 
thoucrht it necessary to impose, and to do mvduty 
laiihJuiiy in every departmentof the public service as 
well as in my individual capacity. 

If such an objection was made In the Senate of the 
Uuited States, where I am known, I forbear to say 
how it would be treated, because I know the terms in 
which it would bo decided. I hav<* too loug gone 
through too many trials, and rendered the country 
such services as my abilities enabled me, and the 
votes of the people in whose midst 1 am living, lor me 
particularly, to tolerate for a moment, cnme frora 
whom it may, such an aspei-sion on my moral charac- 
ter. I am glad it is made now when I have arrived at 
that period of life when it would l:)e unfit to notice it in 
any other way ; but I repeat there.isnot one word of 
truth in the construction on what lias been given in the 
opinion already relerred to. I have it not by me, but I 
recoHect substantial lywhat it was. 

The convention called to form a new Constitution for 
the State was called under the authoritv ot an act of 
the Legislature of Maryland, and under that alone. 
By th'.t Legislature- their proceedings were to be sub- 
mitted to the then legal voters of the State. The con- 
vention thpughtthat they were authorized themselves 
to impose, not only as an authority to vote what was 
not Imposed liy the existing Constitution and laws, but 
that they had a right to admit to vote those who are 
prohibited Irom voting by said Constitution and laws- 
and I said, in company with tbewholebar oftheState 
and what the whole bar throuijhout the Union would 
have said, that to that e.xtent thev had usurped the 
authority under whicti aione they were authorized to 
me-t, and that, so far. theijroceedine was a nullity. 

They had prescribed this oath, and all the opinion 
said, or was intended to say, was that to take this 
oath voluntarily was not a craven submission to 
usurped authority, but was necessary in order to en- 
able the citizen to protect his rights under the then 
Constitution, and that there was no moral harm in 
takim; an oath which the Convention had no autho- 
rity to impose. 1 make it no reflection on any mem- 
ber ot this Court when I say that, upon a question 
Of that description. I am at least able to form as 9Dv- 
rect an opinion as any of the gentlemen around this 
-table. 

I am here at the instance of that lady Cpointing to 
Mi-s. Surratt), whom I never saw or heard of till yes- 
terday, she being a Maryland lady, proiesting her in- 
nocence lo me; because I deem it aright, due to the 
Character of the profession to which I beloug, and ot 
which you are members, that she should not gounde- 
lended. r was todo it voluntarily, without compensa- 
tion. The law prohibits me from receiving co^ipen 



regard to the matter of the objection, if mv recollec- 
tion serves me right, I must conteud that" it is well 
founded. 

It is due to the gentleman that I should saythati 
"^\^. made this objection simply from the recollectioti 
ot this letter, which I read, perhaps, nearly a year ago. 
and of the effects of that letter upon the vote of that 
btate, Ivow, If I understand the remarks of that gen- 
tleman in explanation of this "thing," I c.-unnot say 
that It removes the difficulty, from my mind, at least 
1 understand him to say that the doctrine he taught 
the peopldof his State was that because t he Conven- 
tion had framed and required the takingof auoath :i3 
aqu.ahflcation to the right of suffrage which was un- 
constitutional and illegal, in his opinion, and. there- 
lore, it had no moral binding force, and that people 
might take It and then go and vote without regarcfto 
the subject matterofthat oath. If that doesnutiusti/y 
my conclusion, I confess I am unable to understand 
the Lnglish tankage. 

Now Iwi.sh the gentleman to understand me, that 
in regard to his ability to decide a legal question I do 
not intend to enter into any controversy. He remarked 
to the Court rather boastingly that he is as well 
able as any member of this Court to judge in regard 
to any legal point, but this is not a point ot law. it is a 
question of ethics and of the moralitv of the thing: of 
the sanctity of an oath voluntarilv taken, which I un- 
derstand he taught his people might be set aside as 
having no force, because the convenlion had trans- 
cended its authority, and done something it had no 
right todo, and that consequently thev might volun- 
tarily take this oath to entitle them to go andvota 
without considering it to have anvbinding force; and 
I am much mistaken in thehistoryoftho.se davs, and 
in the effect of that opinion upon the vote of that 
State if it was not so considered. 

A large number cast their suflTrages under that ethi- 
cal doctrine taught by the gentleman against whom I 
have objected, but as I was about to remark. 1 would 
be sorry to do injustice to the gentleman, or any other 
man, and having made ray objection simplvfrommv 
recollection of this letter, it is, perhaps, due to the gen- 
tleman aud the members of this Court, that the letter 
itseif should be submitted to thescruttnj'of this Court. 
I maybe wrong; if so> none can be more ready than 
myself to acknowledge that fact. 

Refoinder of Mr. Johnson. 
Mr. Johnson said:— I do not intend to make an ex- 
tended repl .' to the gentleman's remarks. As to mv 
boasting about my competency to decide anv legal 
question, the gentleman is mistaken. I said sis com- 
petentas any of the members of this court, they not 
being lawyers. Now the honorable member seems to 
suppose that because I said there was no harm in tak- 
ing an oath, that I meant there would be no harm i0 
breaking it. if it was taken. If that is the meaning 
of the terms, I am better informed in regard to it now 
than I ever was before. I have alreadv said to the 
court that I had no idea of using them "for anv such 
purpose; that according to my interpretation of them 
the.v admitted of no such construction. M'hen a gen- 
tleman is dealing with gentlemen, even if the words 
he used were liable to misrepresentation, his explana- 
tion of the Intended meaning of them is held to be 
sufficient. 

I submit that amongst gentlemen, and I hope I am 
not boasting that in that capacity I may consider 
myself equal to any member of this Court, 1 repeat, 
when, as a gentleman, I say they were not used for 



sation; but if ii had not, understanding her condition, 

Ll ,"",i'i,*°i'^^''-'^ H^'Y? <ireamed of refusing upon the ' any such design as imputed to them, the gentleman 
ground of her inability to makecompen-sation. I am i to whom the explanation is given will not bo disposed 
piwvoluntecriugtodowhatevideuce will justify me • .... ^ ... 



in doing for this lady, who is now being tried fo"r hpr 
li.e My detestation of every one concerned in this 
nefiinous plot, carried out with such tieudish malice, is 
as great as that ofany momberof this Court. I am 
not hereto prottctany onewho. when thc-'ovidence is 
'^%'tl'h \sl'"" <J<;em to have been guilty— not nven her. 
Will the honorable member of the Court who has 
thpught It proper or believed it his dutv to make this 
objection, or the President, who said thtit if the honor- 
ab e member hadaiol made u lie should liavedoneso 
wiillhcy understand that f am not pleading here lor 
anything personal to myself? Island too (irmlvset- 
tletl in my own convictions of honor and in mv'sense 
of duty, public and private, to be alarmed at all" at anv 
Individual opinion tliatmay bo expressed. I iisk the 
Court to decide, and I have no doubt ther shall decide 
a^ seems lie^^t to them, and if it shall be Kuch a decision 
e.s th." President of the Court feeW IncUned to make I 
can take cure of myself in the future. 

Remarks of Brigadier-Oencral Harris. 

I trust It is not necessary I should assure you nor the 
gentU'man to whom I feel it my duly to oblect 
«scotQ)s«l before this Court, that Lshould say that I 
dciire, above all things, not lo do injustice" to anv 
man, and I can assure you that, in doing what I feel i"t 
my duty to do, 1 have not been influenced bv any per- 
Bonal considerations. Though I ncvw liudth.' plea- 
suri^of n''quaintancoof th. ginlleman to whom [ob- 
ject, I have known him long us nil emineni public man 
01 our country, or whom 1 mustHay, 'hat inylnipres- 



lo repeat that they were in point of fact used with 
that design. Now as to the effect upon thepeopleof 
Maryland. I don't know where the honorable mem- 
ber is from, but he is not a citizen of our State, I sup- 
pose. 

General Harris— I am a citizen of Western 'Virginia. 

Mr. Johnson— I supposed you were not a citizen of 
Maryland. I wasaboutto say.whoeversupposfd.and 
I hope he will send for the letter, that the people of 
Maryland can be induced by individual opinion to 
take an oath in order to violate it is under a very great 
misapnrehension. We have had, what I regret, hun- 
dreds aud hundreds of our citizens who have left our 
borders and participated in the Eebelli ju: but hun- 
dreds .■uid hundreds also ol'thoso who remained have 
proved true to their flag, and have evinced their lov- 
alty upon the battle-field with their blood, and with 
their lives: and in the relation in which I stand to tha 
people of Maryland, I may ho permitted to say, they 
are the equals, morally and patriotically, of the peopla 
ofWestern Virginia. 

There were other topics involved In theConstitution 
which influenced the votes of those who voted against 
it, to which it is unnecessary and useless here to relijr. 
But I deny, and deny implicitly, that there was a 
single man who voted because of that opinion, or who 
took the oath with a view to vote, thereby to violat« 
th' obligation. But as a legal question it is something 
new to me. The objection made, if well loiuided in 
faet. is well founded in law. Arotho inembers of this 
Court lo measure i he moral character of every counsel 
who roav appear before them ? Is that their fund ion? 
What nHu^Mice has that upon theCourf by which their 



slous nave been of a, very lavorable character. But iu I judgment could be led astray. His client may suller 



TRIAL OF THE ASSASSINS AT WASHINGTON. 



23 



from thP possible prejudice it may create in the minds 

*''Biif l^ow'^can the Court suffer? Who gives to the 
Court the jurisdiction to decide upon the moral char- 
acter or the counsel who may appear belore them? 
Who malxes tiiem the arbiters of public morality, or of 
my pro essioual morality? What authority have tliey 
under their commission to rule me out, or any other 
counsel out, upon the ground that he does not recoc- 
n'zethe validity of an oath, eveu if they believed if 
J3ut I put myself on no such grounds. I deem myseli, 
in all moral respects, to be the equal of any member of 
this t; ibunal. They may dispose of the question as 
they please, it wiU not touch me. 

Response of Mr. Harris. 

The Courf^will understand me as not intending to 
cast any rellection upon the people of Maryland in re 
gard to loyalty and morality, or in regard to patriot- 
ism. I am proud to say that they have a good record 
In this great contest through which our country has 
just passed. While it is true of Maryland. I am sorry 
to say it is equally true of my State, that many joined 
the llebellion, and have made forthemselves a terrible 
record. But the circumstances ofthis case were ra' her 
peculiar. The people of Maryland were about to vote 
upon an alteration in the fundamental law of the 
State, upon the adoption of a new constitution— a con- 
stitution which made some radical changes in regard 
to thesocialstatusof the people of :Maryland. 

Slavery was about to be blotted out, that was the 
purpose, and it is an unfortunate fact that that portion 
of the people interested in the proposed change were, 
as a general tiling, the disloyal portion, and it was in 
reference to the eifect which this opinion expressed by 
the honorable gentleman in the letter referred to had 
upon that vote, and upon the action of this portion of 
the people, that my objection was in part Ibunded, for 
it did seem as though they understood it as I did. In 
regard to the right of the court to inquire into the 
moralslanding of counsel we have no such right, but 
theorder constituting this Court inalves provision" for 
the prisoners or the accused having the aid of counsel. 
The provisions in reference to that matter is that 
gentlemen shall exhibit a certificate of having tal^en 
tlve oath, or shall take it in presence of the Court, and 
thus the obligation of an oath is here a special question. 

If it does not appearthat he ignores the moral obli- 
gation, and we admit liim, it defeats the very provi- 
sions of the order, hence I think that it is' proper in me, 
a^ a member of theCourt, to found an objection ofthat 
character upon sucli grounds, whefhertlie objection is 
sustained or not. The gentleman disclaims anv sucn 
intention, buttliatisa tacit admissiontbatthc language 
ofthat letter may have been unguarded, that it may 
have iiad the etiect supposed, thougli it was not in ac- 
cordance with the intention of his mind in writing it. 
It isau unlbrtunatething if he wrote a letter so mis- 
construed, but if it was not the intention of the writer, 
that of course muste.xonerate him. He disavows hav- 
ing any such intention, and claims for himself a moral 
char.icter, which he is not ashamed to put in compari- 
son with that of any member of the Court. 

Now it is not my purpose to measure characters at 
all. but simply to bring forward an objection. I felt it 
my duly to bring, and nolliiug else, an objection 
Ibunded on the understanding 1 had of the letter re- 
ferred to. I was sorry to have to do it, but I did it in 
no spirit of pereonal ill will or b.id leeling. I was 
sorry that it was my duty to do su h a thing, but I 
could not do anything else with the im re.ssion I had 
on my mind, and he, as an honorable eenileman, will 
understand wliat I mean by this, ne understands, 
too. what the force of conscientious convictions must 
be, and that if a man acts from principle, tliis thing 
wiUoccasionally impose upon him some unpleasant 
duties. His disavowal of any such intention as I de- 
rived from memory of his letter I ana bound to take; 
but this I must insist lipou, that there was some ground 
for the objection. 

Rej>Iy of Mr. Jolinson. 

Mr. President, one word more. All I propose to say 
LS that the order confers no authoritj' to refuse me ad- 
mission, on the grounds claimed b.v the honorable 
member, because you have no authority to adminis- 
ter theoalh tome. I have taken it in the .Senate of 
the United States, in the Circuit Court of my State, in 
the Supreme Court of the United States, aiid I am a 
practitioner in all the courts in nearly all the States; 
and it would be a little singular if one who has a 
right to appear before thoSupreiueCourt of the land, 
and who belongs to the body that creates courts-mar- 
tial, shall not have the right to appear before 
cou'^s-martial. 

Major-General Hunter.— Mr. Johnson has made an 
Intimation as to holding members of the court person- 
ally responsible. 

Mr. Johnson— I made no such intimation, nor in- 
tended it. 

Major-General Hunter— I shall say no more than I 
was going to say. The day had passed when freemen 
troni the North were to be bullied and insulted by the 
humbug chivalry of the South. 

The Court here took a recess for half an hour, and 
■when it returned, went into secret session, in order to 
deliberate upon tlie objection so lengthily discussed. 



The Court being reopened. General Harris stated 
that he desired to withdraw his objection, as he con- 
sidered Mr. Johnson's explanation a satisiactviry re- 
moval of the grounds ou wliich the objection was 
founded. 

Mr Johnson expressed his desire and willingness to 
take the oatli. but the Court deemed it unnecessary, 
and tlie oath was not taken. 

The Testimony. 

A. W. Lee, being sworn, testified as follows: 

Q. Do you belong to the police lorce? A. Yea sir, to 
the military police. 

(4. State wliether atany time you examined the room 
of Atzerotli, at the Kirkwoudnousc. A. Yes sir. 1 was 
ordered by Major O'JIeirye to go into the principal part 
of the building and see liow the liouse was situated, I 
made the examination, and told him one could get 
from the roof to a stairway in the back of the buildlug 
which would admit him into any part of the buildingp. 
I told the Major the circumstances. 

Q. When was that? A. (Here the witness looked at 
a paper.) It was tlie night of the loth of April. I thea 
went, and while there a friend came to me and said 
there was a rather suspicious looking m;ui who had 
taken a room tiiere the day previous, and I had better 
go and look. I went, and found in the register, badly 
written, the name of Atzeroth- E. A. Atzerott— I' 
made it out; but in fact nobody could niako it out until 
I asked the proprietor, and he mane it out on tb« 
re^'ister. 

Q. Where did you go after that? A. I went up stairs to 
the room, and saw one ofthe clerks, andl asked liim to 
go up to the room with me; found the door locked, and 
ho said the party had taken the key with him: I went 
to one ofthe proprietors and aski'd if he had any oti- 
iections to my goingintotheroom.lfwecouldlind a key 
to fit it; he said no; but though he tried I113 keys, we 
could not get in. I asked him it we might burst in the 
door; he said he had no objection, and we' burst the 
door oiieu; when we went in I saw a coat hanging oa 
the wall. 

Colonel Burnett here ordered a bundle to be 
passed to the witness. This bundle, on being 
opened by the Colonel, was found to be a coat, 
rolled in which were sundry small articles. 

Witness— That coat was hanging upon the wall, jus* 
in that way as you go in, on the left-hand side. That's 
the coat, sir. 

Q. State what examination you made ofthe room? 
A. Well. I. saw that coat right opposite; the bed stood 
on the right; I went towards tl:e bed. and underneatli 
the pillow or bolster found a revolver bound with 
brass. 

Here a pistol was shown to witness, passing 
through the hands of Mr. Johnson, who re- 
marked, "It is loaded." 

Witness— I then went down stairs to find Major 
O'Beirne, and we went upstairs to the room again; I 
took the coat down and found this book an-d that also. 

Q. In the pockets? A. Yes sir. 

ti. Look inside that book and see what was written 
in it? A. Yes sir; there was an account, too, on the 
Ontario Bank of lour hundred and fifty-five dollars; I 
then put iny hand in the pocket again and found this 
handkerchief with the name of Mary II. Booth on it; I 
then pulled out this other handkercliief. and had soma. 
didicultyiu making out the mark, hut I think it is F 
E. Nelson or F. A. Nelson upon it; 1 found this hand- 
kerchief with M. H. on the corner: I got this new pair 
of gauntlets; I labeled all these things myself, and I 
got these three lioxes of Colt's cartridges. 

ij. Do thev fit- the pistol? A. 1 never loaded the 
pistol, sir; I'don'tknow; 1 found this piece of licorioa 
and this brush. 

(.i. This writing was in the back of that book, Mr J. 
Wilkes Booth, in account with the Bank of Ontario, 
four hundred andfilty dollars? A. Yes, sir; I then got 
that spur and pair of socks; that is all I got out of the 
pockets. 

Q. Do you remember the number of the room? A. 
It was room ]2i>. sir. 

Q. Was it over where "Vice-President Johnson was at 
that time? 

The witness here entered into an explanation 
of the locality totally unintelligible, but upon 
bein^.showna plan or sketch by Mr. Ben. Pitt- 
man, seemed to recognize the situation of tiie 
room. This plan, however, was not adm.itted in 
evidence. 

A. I went around the room, took up the carpets, 
took out tlie washstand, moved the stove and made a 
thorough .search, aud then went to the bed again: took 
offthe clothes piece by piece, and after I came down 
underneatli the sheets aud mattrasses I got those 
bowie knives. 

Here a knife was shown the witness, and 
handed to the various members of tlie Court. 
It was long aud stvlus-shaped, like that used by- 
Booth, horn handled aud sheathed in red 
leather. 

Q. You did not see him in the room yourself? A. No 
sir; he had left the day before: the clerk who was there 
said he would recognize the man. 



24 



TRIAL OF THE ASSASSINS AT WASHIXGTOIS'. 



Q. Go and get him after you have been examined, 
with or without, a subpuena; bring him as souu an j-qu 
can. , . „ , . , , , 

Here the examination m chief, which had 
been conducted by Judge Holt, Advocate-Gene- 
ral of the I'niied States, was closed. 

Cross-exanijuation— Q. What is your business? A. 
Detective ollicer of the Board of Enrollment of the 
District of Cij'uiabia, of which Major OBeirne is Pro- 
vost Marshal. 

Q. Kow long have you followed the business ? A. I 
have been in serviceeversince I left New YorKon the 
commencement (it the war; I was in the Ninety-iifth 
New York Volunteers. 

Ci. How long have vou been a detective in "Washing- 
ton? A. Evorsince the burning of Aquia Creek; I luid 
been discharged as a volunteer from the Niuety-hith 
New York. 

Q. You mentioned a conversation with some one in 
reference to a suspicious character at the Kirliwood 
House. Where did you first see the man who told you 
his name ? A. 1 lirst saw him in the house. 

Q. Was he aclerU; ? A. A night watchman, I think. 

Q. What was his precise language to you ? A. He 
said to me there was a suspicious, bad, villainous look- 
ing lellow came into the place and took a room, and 
he didn'tlike iho appearance of him. 

Q. When was it that person had come and taken a 
room ? A. I think it wa.s the day before. 

Q. Can you say for certain ? A. Xo sir ; I would not 
be posiiive about it; I think to the best of my know- 
ledge it was the day before. 

Ci. Did he describe his appearance to you ? A. Yes 
Bir, he did. 

Q. Repeat his description. A. I don't think I could, 
as he described it to me ; I don't recollect: I think he 
Baid he had a grey coat on. 

t). Have vou ever seen, to j-our knowledge, Mr. At- 
zeroth? A." I don't know th;it I liave ever seen him; I 
have seen most everybody knocking around about 
Washington; I don't know as I ever saw him to 
know him by name; can't say that I have or have 
not. 

Q. What first brought you to the Kirkwood House? 
A. I was at home eating my supper; Mr. Cunningham 
came aiter me, one ot our lores: no, I had gone out 
after supper imd I think I met him a square irom the 
house; says he, you are wanted immediately at the 
Kirkwood House; I went, and there was Major 
O'Beirne: I found men all about there, detailed for duty 
to protect the President, or at that time the Vice Pre- 
sident. 

Q. Describe the api^earance of the man who gave 
you the information. A. The man was about your 
build. He may be a little heavier, but about your 
height. 

U. How old does he look to be ? A. Somewhere 
about your age. 

U. What is my age ? A. I take you to be about 
thirty. 

Q. Don't you know his name? A. No sir. I don't. 

Q. ]S'owwill you describe the relative position of 
Johnson s room and the room, in which you luuad this 
coal? 

The witness here entered into a series of eresti- 
cnlations and explanations, from which neither 
court, counsels or reporters could derive any- 
understanding of his meaning or the locality 
he sought to tiescribe. 

Q. Did you find any signature of Atzeroth in the 
room? A. I did not. 

Q. What made you think it was his room? A. Be- 
cause it said so on the register. It was No. 126. 

Q. You liave no other evidence except the register? 
A. No sir. 1 don't kuow as I have any other eoidence. 

Q. That is iiU. 

Testimony of ILewis J. IVeicJiman. 

Q. State to the Court if you know Jame.s IT. Surratt. 
A. I do. I lirsD made his acquaintance in the fall of 
1862. in St. Charles county. Maryland, or in the fall 
Of 18."«9, 1 should say. 

Q. How long were you together then? A. Until P^n2; 
I renewed my acquaintance with him in January, Itiuo. 

ti. In this city? A. Yes sir. 

Q,. When did you begin to board at the house of his 
mother, the i)risoner here? A. Uu the 1st of Novem- 
ber, 18(14. 

Q. Where is her house? A. On H street. No. 541. 

Q. Kee ifihal is Mrs. Surratt sitting by you there? A. 
yes sir, that is :i ra. Surratt. 

Q. Will you sate when you first madeyouracquaint- 
ance with Dr. Mudd. A. It was on or about the 15th of 
January, Isim. 

■ Q. State under what circumstances. A. I was pass- 
ing down .S vinih street, with Surratt, and when 
nearly opposite Odd Fellows' Hall, someone called 
out, '\Surratt, S irrath" On looking around .Suriatt 
recognized an o'.il acquaintance of his. of Charles 
coun y. Maryland; he intro hi -ed Dr. Mudd to me, and 
Dr. M'ldd introduced Mr. Booth, who was inconii)any 
with him, to both of us; they were coining up Seventh 
street and we were coming down. 

U. By the Court. Do you mean J. Wilkes Booth ? A. 
Yes sir, J. Wilkes Uooth. 



Q. Where did you goto then? A. He invited us (o 
his room at the National Hotel. 

Q. Who? A. Booth: he told us to be seated, and 
ordered segars and wine to the room for four, and Dr. 
Mud'l tlien went out to the passage and called Booth 
out and had a private conversation with him. Booth 
and the Doctor then came in and called Surratt out, 
leaving me alone. 

Q. How long ? A. Fifteen or twenty minutes. 

Q. Do you know the nature of their conversation? 
A. No; I wassittlngon a lounge, near the window; 
they came in at la-t, and Mudd came near me on the 
settee, and apoloy^ized lor their private cunversation, 
stating he had private business with Booth, who wished 
opurcliase his farm. 

Q. Did vuu see any manuscript of any Sort on the 
table? A. No, Booth at one time cat the back of an 
envelone and made marks on il with a pencil. 
, Q. Was he writing on it? A. I should not consider it 
writing, but marks alone ; they were sealed at the 
table in the centre of the room. 

Q, Did you see the marks? A. No sir; just saw 
motion of the pencil; Booth also came tome and apolo- 
gized, and said he wished to purchase Mudri'sfarm; 
Mudd had previously stated to me that he did not care 
to sell his farm to Booth, as he was not willing to give 
him enough (or it. 

Q. You didn t hear a word spoken between them in 
reganf to the farm? A, No sir; I did not know the 
nature of their oonvei'sation atiall. 

Q. Did I understand.you to say that you did not hear 
any of their conversation at the table, but ouiy saw 
the motion of the pencil? A. Yc^ss'r. 

Q. Y'ou continued to board at Mrs. Surratts? A. I 
boarded there up to the time of tlie a-sassination. 

ti. Aiter this interview attheNational, state whether 
Booth callcdfi;equenily at Mrs. Surratt's? A. Y'es Sir- 

Q. Wliomdid he call" to see? A. He generally caled 
for John H. Surratt, and, in his absence, called ibr 
Mrs. .■-^nrralt 

Q. Were those interviews held apart, or in presence 
of other persons? A. Always apart; I have b' e:i in 
comiiany wiih Booth in the parlor with .Surratt, biit 
Bootii has taken Surratt to a room up stairs, and ei> 
gaueiu private conversation up there; he would say* 
"John, can you spare me a word? come up stairs;"' they 
woi.ld go and engvge in ]irivate conversation, which 
would la-t two or tnree hours. 

Q. Did the same thing occur' with Mrs. Surratt? 
A. Yes. 

Q. Have .vou ever seen the prisoner Atzeroth? A. I 
have sir. 

Q. Do j'ou recognize him here? A. Y'es sir: that is he. 

Q. Have you ever seen him at Mrs. Surratts? A. Ha 
came there about three weeks after I formed the ac 
qnaintauce of Booth. 

Q. Who did he inquire for? A. For Mr. Surratt, 
John H. 

Q. Did you ever see him with Booth there, or only 
withSurrati? A. I have never seen him in the house 
with Booth. 

Q. How often did he call? A. Some ten or lifteeii 
times. 

(4. What was the name by which he was known by 
thevoung lailies or the house? A. They underito^d 
iliat he came from Port Tobacco, and instead of calang 
him by his own name, they gave him the nickname oT 
Port Tobacco. 

Q. Did you ever see him on the street ? A. Yes sir. 
I have me t him on the corner of Seventh and Penn- 
sylvania avenue: it was about The time Booth played 
Pescara, in the Apostate; Booth had given Suiratttwo 
complimentary tickets, on that occasion, and we went 
down and met Atzeroth; we told him where we were 
going, and he said he was going too, and at the theatre 
we iiiei David C. Harold. 

U. Do you know Harold? Do you see him here? 

Plere Harold bent forward, and laughingly 
inclined toward thoAvilucss. 

Wiiiie.ss— We also met another gentleman there, 
named Ilollahau, who stopped in the house; we met 
him ill thotheatre, and we remained until the play was 
over, and the live of us left together and v.-ent together 
as far as the corner of Tenth and E stri'ets, but on 
turning around Surratt noticed that Atzeroth and 
Harold were not following, and 1 went and found 
them ill the restaurant adjoining the theatre, talking 
coniidputially with Booth; on my approaching they 
separated, and then wo took a drink, and tiiere was a 
gentleman there whose face I remember; we left and 
joined the other two genilomon, and went to another 
restaurant to h:ive some oysters. 

ii. D.i you know where Surratt loft his horses in thi?? 
city? A. Ho !-tated tome that he had two horses, and 
that he kept them at Howard's stable, on U street, ba- 
iwecn .'■■ixtn and Seventh. 

Q. Did you oversee Atzeroth there? A. Yes, Bir, on 
the day of the assassination. 

Q. Whattimo wasit? A, About half-past two o'clock. 

Q. Whatwa-i he doing? A. He seemed to be hiring 
a horse; I had been sent by Mrs. Surratt to hire a 
boggy; when I pot there I saw Atzeroth, and asked 
what he wanted; he said he wanted to hire a horse: he 
asked Brooks ifhocould have a horse, and he told him 
he could not; then we left, and both of us went as far as 



TRIAL or THE ASSASSINS AT WASHINGTOA. 



the I'ost Office: I bad a letter to draw out. and after 

tiiat he went olVtow.iras Tenth street .,.„„- 

Q Was this horse that was kept there Surratt s or 
Booth's? A. I will state that on the Tuesday previous 
to the assassination 1 was also sent to the National 
Hotel toseeJJMOth, and get his bugsy lor Mrs. fc>ur- 
ratt. She wished me to drive her into the country. 
Booth said he had sold his buggy, but he would give 
me ten oollai-s. and I should hire a buggy lor Mrs. bur- 
ratt andspokeol'thehorseshekeptatiiroolis stables. 
I then said they were aurralis; he said they ' were 

u! i)id Booth give you ten dollars? A, Yes.sir. 
Q. Did vou drive her out? A. Yes. s r. 
Q To wl'atioint? A. To Surrattsvillc; we lettat ten 
and reached there at twelve; that was on Tuesday, the 

(4 ' Did vou return that dav? A. Yes sir; we only 
remained half an hour; Mrs. Surratt sad. she went lor 
the purpose of seeing Mrs. Nothy, who owed her 

(J. Vou continued to board at Mrs. Surratt's? A. I 
boarded there up to the time of the assas.sinalion. 

Q. Alter the interview at tlie National, slalewhether 
Booth called I'reiiuently at Mrs. Surratt s. A \essir. 

Q. Whom did he call to see? A. lie generally called 
for John H. Surratt, and in his absence called lor Mrs. 
fcJurratt. 

Q. Were these interviews held apart or in presence? 
A. Alw:^-s apart; I have beenin company with Booth 
in the parlor, with Surratt, but Booth has taken Sur- 
ratt to a room upstairs and engaged in private conver- 
sation up there; he would say. "John, can you spare a 
word?— comeup stairs." They would goand engagein 
private conversation, which would last two or three 
iiours. 

Q. Did the same thing ever occur with Mrs. Surratt? 
A. Yes, sir. 

Q. Have JTDU ever seen the prisoner Atzeroth? A. I 
have, sir. ^, ■ ^-^ j. ■ -^ 

Q, Do you recognize him here? ^ es, sir, that is he. 

Q. State whether on the following Friday, that is the 
day ot the assassination, you drove Mrs. Surratt Into 
the country? A. Yes sir. 

U- Where did vou drive to? A. To SurrattsvUle; we 
arrived tliere about hall-past four. 

Q. Did she stop at the house ot Mr. Lloyds? A. Yes 
sir; she went into the parlor. 

a. What time did you have to return? A. About 
halt'^pastsix. 

Q. Can you go down there In two hours? A. When the 
ro.ids are good'you could easily get down there in two 
hours. 

Q. State whether you remember, some time in the 
month of March, a man calling at Mrs. Surratt's. and 
giving himself the name of Wood, and Inquiring for 
John H. Surratt? A. Yes, I opened the dour fur him. 
He asked ii Mr. Surratt was in; I told him no, but X 
introduced him to the family; he had then expressed a 
wish to see Mrs. Surratt. 

Q. Do you recognize him here? A. Yes, sir; that's 
he; that's the man Bayne; he called himself Wood then. 

Q. How long did he remain with Mrs. Surratt. -A. 
He stopi)ed in the house all night, and had supper 
served lip to him in my room; they brought him sup- 
par from the kitchen. 

Q,. When was that? A. As nearly as I can recollect, it 
was about eight weeks previous to the assassination. I 
have no exact knowledge of the date. 

Q. Did he bring apackage? A. No, sir. 

Q. Uo\v was he dressed? A. He had a black over- 
coat on and a black frock coat with grey pants at the 
time. 

Q. Did he remain till the next morning? A. Yes; he 
lei't in the earliest train lor Baltimore. 

Q. Do you rememOer whether, some weeks after, 
the same man culled again? A. Yes. I should 
think it was about three weeks, and X again went 
to the door. 1 then showed hnn into the parlor, and 
again asked his name. That time he gave the name 
of Payne. 

Q. Wd he then have an interview with Mrs. Surratt? 
A. Miss Bitzijatrick, myself and Mrs. Surratt were pre- 
sent; lie remained about tliree days, and represented 
him; elf to be a Baptist preacher; he said he had been 
in Baltimore about a week, had taken the oath of alle- 
giiiuce, and was going to become a good loyal citizen. 

Q. Did you hear any exnlanation whyliesuid he was 
a Baptist uiinisrer? A. No; Miss surratt said he was a 
(iuiier- looking Baptist preacher. 

Q. Did they seem to recognize him as the W^ood of 
former dny.s? A. Yes, sir; in conversation oneoftho 
ladie3 called him Woods, and then I recollected that 
on hi.i previuus visit he had given the name of Wood. 

tj. How was he dressed then ? A. In a complete suit 
of grey. 

Q. Did he have any baggage? A. Yes sir; he had a 
linen coal and two linen shirts. 

Q. Did you observe any trace of disguise or prepara- 
tions for disguises? A. One day I found a false mous- 
tache on the table in my room; I threw it into a little 
toilet bo.\, and Payne searched for it and inijuiredfor 
his moustaciie; I was sitting in the chair and did not 
say aaythmg; I retained it ever since; it was lound in 
my baggase among a box of paints i bad in my trunk. 

Q,. Did you see him aud Surratt together by them- 



selves? A. Yes; it was on the same day; I went to tha 
third story and found them sitting on a bed playing 
with bowie knives. 

Q. Did you see any other weapons? A. Yes, sir. 
Two revolvers and lour sets of new spurs. 

Here the witness was shown a spsr and identified it 
as one of those ho had then seen, saying. "Yes, these 
are the spurs, three ot those were in my room." 

Q. By the Court. That is the spur found in Atzeroth'a 
room? 

The witness was then shown the knife which had 
been ideutilied by Mr. Lee as the one found in Atze- 
roth's room. ]5ut witness stated tliat he did not re- 
cognize it, and that the knife that Payne had on tha 
bed was a smaller one. 

Qj They hadabraceofpistols.didyousay? A. They 
hail two long navy revolvers. 

Here tlie witness was shown the pistol pro- 
duced during Lee's examination uud said "that 
loolvs lilie one of them." 

Q. Was the barrel round or octagonal? A. Octa- 
gonal. 

Q. Doyou remember having gone with Surratt to the 
Herndu'n House to hire a room? A. Yes, sir. 

Q. Wlmt time was that? A. It must have been the 
19th of March. 

Q. For whom did he wish to rent this room? A. 
Well, he went and inquired lor Mrs. Mary Murray, and 
when she eume, heliad a pi ivate interview with her, but 
said that she did not seem to comprehend, though he 
thought thataMiss Ward had spoken to hor already 
on the subject, and he said to Mrs. Murray, Miss Ward 
may have s|)oken to you about the matter of hiring a 
room for a deUca'e gentleman, and Mr. Surrntt added 
he would like to havethe room by the following JM on- 
day, as the gentleman wanted to take pussession on 
that day; J think that was the Monday previous; it was 
the27tli of March. 

Q. Tiie name of the person was not given? A. No. 
sir, no name w s mentioned at all. 

Q. Did you afterwards learn that Payne was at that 
house? A. Yes, sir. I met Atzeroth on the street, 
and asked him where he was going? He stated that 
he wiasgoing tosee I'ayne. X asked him, is it Payne 
that is at the Ilermliin House, and he said yes. 
Q. Did you ever meet Harold at Surratt's? A. Once. 
Q. wliere eNe (lid yon see him? A.I met him on 
the occasion of tlie visit to the theatre, wiien Booth 
played "Piscara;" also, at Mrs. ?urratt's, in the Spring 
of 1 SI a, when I first'made her acquaintance; he was 
there with some musicians who were serenading some 
count}' officers after an election; 1 ne.\t met him in 
18ii4, at church ; these are tiie only times X recollect. 

Q. Do you know either of the prisoners. Arnold or 
Laughlin? A. No, sir. 

Q. What knowledge, if any, have you of Surratt's 
having gone to Richmond. A". About the 23d of March 
—no. it was the 17th. There was a woman named Sla- 
der came to the house: she went to Canada and re- 
turned on Saturday, the 2:jd of March. IMr. Surratt 
drove her into the country, about eight o'clock in the 
morning, and I understood that he had gone to Kich- 
mond with Mrs. Slader. This Sirs. Slader was to meet 
a mfin named Howe, but this man was captured and 
could not take her. 

U. She was a blockade runner ? A. Yes, sir, or the 
bearer of despatches. 
Q. Did Mrs. Surratt toll you so? A. Yes, sir. 
Q. When did he return ? A. He returned on the 
third of Aprih 

Q. Do you know of his having brought any gold with 
him ? A. Yes, he had some nine or eleven twenty 
dollar gold pieees, and he had some greenbacks, about 
fiftv dollars; he gave (orty dollars in gold to Mr. 
Holllhaii, and Mr. H'llliluin gav8 him sixty dollars In 
greentoajKs; he remained in the house about an hour, 
and told mehe was gi ing to Moiitrea': lie asked me, 
howevei-, to go and takesome oysters with him. and 
we went down to the corner of seventh street and 
Pennsylvania avenue, and took some oysters. 

ti. A'ndhe left? A. Yes, he left that evening, and 
since tliat time X have not sei^n him. 

Q. Havovuusecn an.yletterfronihim? A. Ycs.l!?aw 
a letter to his niotlier, dated April 12th; it was received 
hereon the lUh,! aI.;o s .w aiiotlier written to Miss 
Ward.Iilid nuts,-.'Othedate,lmt.t lie receipt of the letter 
was iirior to tin- oiio of his mother, 

Q. Did iie have any conversation with you, a.s be 
passed through, about the fall of Kichmoiul? A. Yes, 
he told me he (lid not believe it; he said he had seen 
tseniamin and Davis, and they had told him that it 
would not be evacuated, and he seemed to be incredu- 
lous. 
Q. Have you been to Canada since? A. Yes, sir. 
Q. What did vou there ioiirii of Surratt? A. That he 
had arrived at'Moutreal on the 6th, and returned for 
the States on the l2th, returning again on the isth.and 
engagingroonis at the.'-t. Lawrence Hotel. Heleitthe 
St. Lawrence tliat night at half-past ten. He was seen 
to leave the liuuso of a Mr. Buttertield, in company 
with tlree others, in a wag&n. 

Objected to, and the statement not insisted on 
as a ):urt of tlie record. L 

Q. Doyou rememher earlier in Aii^l that Mrs. Sur 
ratt sent" for you, and asked you to give INIr. Booth no 
tice that she wished to see iuiu? A. Yes, sir. 



26 



TRIAL OF THE ASSASSIXS AT WASHIXGTOX. 



Q. What waa the meaeage? A. Merely that she 
wIslK-rt 10 see liim. 

Q. Did slio say on private businesa.oruse any expres- 
sion oniiiit kind? A. Yfssir. 

Q. Did von deliver the message? A. laid. 

Q. What (lid Booth say? A. He said he would come 
to thf house inioiediatcly, or as soou as he cuulJ. 

Q. What time WHS this? A. hfome tkne in April; it 
■was the second; when she sent me 1 found rn Buoih s 
room Mr. McCoUom, tlie actor; I commun cuted to 
Booth her desire.and he did comein the evening of the- 

sd 

Q State wliether he called on the evening of the Hth 
of April, tiie day of the assassination? A. Yes, sir: 
about hair-inisuwo. o'clock, wlien 1 was going out at 
the door 1 met Mis. Surratt, spealcing to Boolh. 

a Were they alone? a.. Yes, sir: they were alona 
In the parlor. , . . ^ , 

Q. now long was It after that when you started for 
the country? A. He didut remain more than three 
or lour minutes. » , .v, 

Q. And immediately after that you set out for the 
country? A. Yes, sir. 

This examination in chief, like the preceding 
one, was couducted by General Holt, Judge 
Advocate of the United States. 

Cross examiuation by Reverdy Johnson:— 

Q. How long have you been uc Mrs. Surratt s? 
A. Since Decemhcr, 1(564; Mrs. Surrutt at tuat time had 
moved to the city Irom the country; she had rented 
her farm. , , ^ - . -..^ 

CJ. Did you ever live with her in the country ? A. J»o, 
sir; but 1 had visited her. .,_,.. „ . i^- » 

Q. You knew her very well at that time? A. >ot 
very well: I made her acquaintance through her son, 
■who w.is a sciiool-mato of mine: I sometimes went 
there, and always experienced kindness and courtesy. 

Q. What sort of a house had she in the city here? 
A. It cniuained eight rooms-si-x large and two small. 

.<i. Was she in the habit of renting her rooms out? 
A ^ Ygs sir. 

Q. Did siie furnish board, as well as rooms? A. Yes 

Q. Did you say that young Surratt told you in April 
he was going to Montreal; did yau ever know hiiu to 
go there before? A. No sir; he was there in the win- 
terof 1SG4 and I860; sometimes at home and sometunes 
not; during the wniter of 1861, esnecially during No- 
vember, lie was in the country most 01 the time: his 
stay at home was not permanent; he was sometimes 
awliv for three or four weeks. 

Q.'Diiring llie winter, was he long enough away to 
have been in Canada without your knowing it? A. \ cs, 
sir. He could ha\ e gone but not returned to the house 
■without my knowledge. 

Q. Have you any knowledge that he was then In 
Canada? A. No sir. ,.„.,- 

Q. Were you on intimate terms with him? A. V ery 
intimate, indeed. 

Q. Did he ever acknowledge to you any purpose to 
assassinate the President? A. No sir, he stated to me 
and to his sister, that lie was going to Kurope on a cot- 
ton speculation; he said he had had three thousand 
dollars advanced 10 hliii by a gentleman; that lie vvould 

fo 10 Liverpool, thence to Nassau, and from there to 
latamortis, to tind his brother, who was in the itebel 
army— in Miigruder's army. 

Q. DidhegotoTexajbeforetheRebellion-the bro- 
ther 1 mean. A. I don't know; never saw the bro- 

Cl."Were you in the habit of seeing young Surratt al- 
most every dav. A. Yes sir. He would be seated at 
the same table. We occupied the same room. He 
slept with ine. 

O. During the whole of that period you never heard 
him iniirnate it was his intention to assassinate the 
president? A. No. sir. 

Q. Did von see anything that led you to believe? 

Qucslidii wasouiccica to by Coluuel Uurnett, 
Assi-staniJiidge Advocate, and 'was waived by 
llr. Johnson. 

Q. You never heard him or anybody else say any- 
thing about it from the month of November to the 
time of the as.assination ? A. No sir; he said once 
he was goinv; with Booth to be an actor, and he said be 
■was going to Uiclimoiid; he was well educated, and 
was astudent of divinity. 

Q. Were you a student with him? A. Yes sir; I 
■was in the College one year longer ilian he. 

Q. During that period what wsvs his character? A. 
It was excellent; when he left he shed tears, and the 
Buperoir told liiiii he would always be remembered by 
those wlio had charge of the Institution. 

Q. Wliendid vou lirst drive Into the country with 
Mrs. Surratt? A. The lirst occasion was on the llth 
Of April. , . . „ . 

Q. Didsho tell you what her object wivs in going? A. 
She said to see Nmhy, who owwd her some money and 
the liuerrst c,n it lor thirteen years. 
U. Is there such a man? A. Yesisir. there is. 
Q. Do vou know whether she then saw htm? A 
When we arrivati at the village Mr. Nolhy was not 
there and she toBl the bar-keeper to send ft messenger 
for him, and he sent one; in the meamime we went to 

CaiJtaiu Gsvynne's house; remained there two hoiurs 



and took dinner; he said he would like to return with 
us, ana he did, to Surrattsville; on returning we found 
Nothv and slie transacted her business with him. 

Q. i)id you know the man? A. No; Mr. Nott, the 
bark'.-eper, said he was in the parlor; I didn't go in. 

y. state what her purpose was in the second visit. 
A. She said she had received a letter in regard to this 
money due her by Mr. Nothy. 

Q. Was the letter of the same date? A. Yes, and she 
stated she was compelled aijain to go to the country, 
and asked me to drive her down, and I consented. 

U. Didyiiusee the letter? A. No— no, sir; she said 
tliat she had received it, and that it required her to go 
to Surrattsrilie; that's all I know. 

Q. Did y u go in a buggy ? A. Yes sir. 

Q. Any oiiu else go with you ? A.Noone but I and 
her went. 

Q. Did .she take anything with her ? A. Ont.v two 
packages, one with' letters concerning her estaie, and 
a smaller pa -kage. about six inches in diameter; it 
looked bke two or taree saucers wrapped in brown 
paper; this was put in the bottom of the buggy, and 
taken out when we got to Surrattsville. 

ti. How Ion-; d.d you remain ? A. Till half-past six. 

Q. What'tiu'e did you reach home ? A. Abeut half- 
past nine or ten. 

Q. Whendid you hear, or did you hear of thessassi- 
nation of thel'resideui or the attack on .Secretary stew- 
ard? A. I heard it at three o'clock on Saturday morn- 
ing. 

Q,. Wlio came to the house within the period from 
your return to the time you heard of the assassination 
ol the President? A. There was some one rang the 
hell, but who it was I don't know. 

Q. Was the he'll answerid? A. Yes sir. 

Q. Bv whom? A. By Mrs. Surratt. 

Q. A\ as there any one at the door? A. Yes sir; 1 
heard footsteps going into the parlor, and immediately 
going out. 

U. How long was that after you got back? A. About 
ten minutes: 1 was taking supoer. 

Q. That was belore ten o'clock? A. V es sir. 

Q. Then it was belore the time ol the assassination, 
which is said to have been about ten o'clock? A. Yes, 

CJ Had persons been in the habit of coming for rooms 
to the house? A. Yes; coming irom the country they 
would Slop at the house; she had many acquaiutanc.'S 
and was always very hospitable, and they could get 
rooms as lung" as they chose. . ., , . 

Cj DidAtzeroth take a room? A. Atzeroth, to my 
knowledge, slopped in the hou-e but one night. 

Q. Did he take a room? A. Not that 1 know of. _ 

Q. What room did he sleep in? A. un the third 

Q Then he had a room there that night? A. Yes. 

O. Did he leave next day? A. \ es. 

You saw Paine youiseli when he came to the 
house' Yes sir; the hrst time he gave the name ot 
Wi od; I went to the door, and opened it. and he said 
he would like to see Mrs. Surratt. ,, . ^, 

Q What was his appearance, genteel? A. ^ es, he 
had on a long black coat. ttn<l went inio the larlor; he 
acted very politely; asked Mrs. Surratt to play on tue 

^u" Do you know why Atzeroth left the house? A. 

" u Was there any drinking In the house at the time 
that Atzeroth was there? A. Yes sir; in February 
ti ere was a man there named Harland; .lolin ^>urratt 
had beenin theconntry, and had returned that even- 
ine; he slept that nignt with Howe. 

yl Was there any drinking in the room occupied by 
Atzeroth? -\. Yes. . 

Washenoisv? A. No sir. 

u'. llaveyou aiiy knowledge that hewfts told that he 
couid stop there no longer? A. No. . ,. 

o. Did he UavB there ne,xt day? A. \ es sir: his 
leaving wa.sow;iigtothe arrival 01 Surratt; hesaid he 
wanred toseeJolin, ami having seen him, he left; I 
heard ihem ailei wards say they did not care to^have 
him brotight to tue house. , ., . „ . •»!_„ 

y. What rea.son did they give for that? A. Mrs 
Surratt said she did not care to have such HtickS 
brought to the house: they were no company (or her. 
y. lie did not come any more? A. Not since the 2d 
of April. ^ , , ... 

y You say vou found upon your own table a lalse 
moustache; what was the color ot the hair? A, 

y. Was it largo? A. About metTlum sized. 

y. This you put into your own box? A. Ye?, in a 
toilet box and allerwards iu a box of paints; it was 
found ill my baggage. , . v, , , • ,•„ 

Q. When ho came home he seemed to be looking lor 
it' A Yes. hesaid ■• Where is m.\^ moustaclio? ' 

Q. Why did you not give it to him? A. 1 suspected, 
I though'l it queer. , 

y. But you locked it up? A \e», I didn t like to 
have it .seen in my room. 

y. But yon could have got it ont of your room by 
giving it to him when he cskcd lor it? A. I thought 
no honest person had a reason to wear a false mous- 
lache. I took it and exhibited it to some of the clerks 
in the otlice. 1 put it on with spues, and was making 
fun with it. 



TRIAL OF THE ASSASSINS AT WASHINGTON. 



21 



Q Can you describe to the court youn? Surratts 
hei'''lit and general appearauce? A. He is about sit 
feet- prominent forehead and very large nose; his eyes 
are sunk; he has a goatee and very long hair, black 

U Do you recollect how he was dressed when he 
said he was goins away? A. He had creani colored 
pants, grey frock coat and grey vest, and had a shawl 
thrown over him. , _ „ , ,, , ,j 

Q. One of those scotch shawls ? One of those plaid 

^^"when he returned from Bichmond you say he 
had in his possession twenty gold pieces? A. No. sir; 
I sav nine or eleven twenty -dollar gold pieces. 
Q "Did he tell vou where he got them? A. No. 



I know is, he said he saw Davis and Benjamin, and 
Uiat Kichmond would not be evacuated. 

Q. You didn't ask him, nor did he voluntarily tell 
you where he got that money? A. No, sir. 

Q Give the date of the letter his mother received 
from him since he left. A. It was dated Montreal, 
April 12th, and was received here April nth. 

Q How did you become acquainted with the date of 
the letter; by the postmark? A. By the heading o( 
the letter; the letter was written in general terms; it 
stated that he was much pleased with the Catholic 
Githedral, and that he hud bought a French )>ea- 
jacketandiiaid ten dollars for it. but that board was 
toohighatthe St. Lawrence Hotel (two dollars a day 
in gold), and that he wouldgoto a private boarding 
liouse, or to Toronto. . _ , „ 

Q. How was the letter signed ? A. John Harrison; 
his name is John Harrison Snrratt. 

Q. Was the handwriting disguised? A. It was un- 
usually good for him. 

Q. Unusually good, but not disguised ? Tou knew it 
at once, didn't you? A. Yes. and I remarked to Mrs. 
Surratt, John is improving in his writing. 

Q. Do you know anything about the letter that was 
received by Miss Ward ? A. I only know that a letter 
was received by her. 

Q. Who is Miss Ward? A. A teacher In the school 
on Tenth street. 

Q. What was the date of the letter? A. I did not see 
that letter. Sir. I was merely told that she received a 
letter, and came to the house. 

Q. Did the letter go to her directly, or through any 
other person? A, I understand it went directly to her, 
and was received in the usual course. 

Q. Do you know what that letter was about? A. No 
sir; I merely heard Mrs. Surratt say that Miss Annie 
Ward had received a letter from John, What it was 
about I don't know. 

Q. You have known Mrs. Surratt since November? 
A. I have known her since the spring ot 1863. 

Q. And have been living there since November? A- 
Yes. 

Q. What has been her character since that time? A. 
Her character was exemplary and ladylike in every 
particular. 

Q. Issue a member of the church? A. Yes sir. 

Q. Is she a regular attendant? A. Yes sir. 

Ci. Of the Catholic Church. A. Yes sir. 

Q. Have you been with her to church? A. Every 
Sunday, sir. 

Q. As far as you could judge her character in a reli- 
gous and moral sense. It wasevery way exemplary? 
A. Yes, sir; she went to her duties every two weeks. 

Q. Did she go in the morning? A. It was sometimes 
in themoruiiig and sometimes in the evening. 

Q. Was that the case all the time you knew her ? 
A. Yes sir. 

Q,. If I understand you, then, she was apparently dis- 
charging all her duties to God and to man ? A. Yes 
sir. 

Mr. Reveredy Johnson here said :— " I am 
done, sir!" and rising, left tlie court room, and 
tlie cross-examination of the viritness was con- 
tinued by other counsel. 

Question. What time was it yon safd Dr. Mudd in- 
troduced Booth to yourself and Surratt? Answer. On 
the 15th of January, I think. 

Question. Have you no means of fixing the exact date? 
Answer. Yes, sir, if the register at the Pennsylvania 
House could be had; Dr. Mudd had his rooms there at 
that time. 

Question. Are you sure it was before the Lst of Feb- 
ruary? Answer. Yes.sir. I am sure. 

Question. Are you sure it was after the 1st of Ja- 
nuary? Answer. Yes. 

Q. Why. A. From a letter receivedabout that time, 
about theGth of January, and from a visit I made there 
avsain; it was immediately after the recess of Congress, 
and the room of Booth had been previously occupied 
by a member of Congress, and Booth pulled down some 
Congressional documents and remarked what good 
rfaidinghe would have when left to himself. 

Q. You are certain it was after the Congressional 
holiday, of the occasion, and have no other means of 
knowing, A. No, sir. 

Q. Did you ever have any means of knowing it was 
after Christmas? A. Merely that it was alter the 
Congressional holidays. 



Q. Well, who said anythlnc; about the member not 
having returned ? A. Booth did. 
Q. Do you know who the member was ? A. No. 
Q. How did you know that pretty niucli all the other 
members had returned ? A. Because Congress was ia 
session at the time. 

Q. How do you happen to recollect Congress wru? in 
session at the time? A. Well merely bv Booth's 
takin'^down the documents and suviiig what good 
reading he would have when leit to himsi If. 

Q. Was it the tlrstday of Bootii's arrival in the citv? 
A. It was the tirst day of his taking po.ssession of that 
room. 

Q. Do you recollect that it was after the Congres- 
sional holiday as distinctly as any part of the conver 
sation that took place? A. I don't recollect that fact 
asdistinctly as Ido the conversation about the pur- 
chase ot the larm. 

Q. Have you any memorandum of your own that 
will enableyou to fix the date? A. The date could 
probably be fixed by the register at the I'enusylvan;a 
House. 

Q. On what street was it that vou met Mudd ? A. On 
Seventh street opposite Odd Fellows' Hall 

Q. What did Mudd say in explanation of the intro- 
duction? A. Nothing that I can remember. Surratt 
introduced me to him, and he introduced Booth to 
both ot us. 

Q. Which introduction came first? A. That of Mudd 
by Surratt to me. 

Q. And did Booth immediately invite you all to his 
room? A. Yes. 

Q. What was said while you were going to the room? 
A. Nothing that I know. 

Q. Did he give any reason for wishing vou to go? A. 
No. In going down Seventh street Surratt took Mudd's 
arm and 1 took thatof Booth s. 

Q. And you went dii-ectly to Booth's room, and how 
long in all did you stay there? A. That I can't say 
exactly. 

Q. You say Mudd wrote something on a piece of 
paper? A. 1 sayBoothtraced linesouiiiehack oi anen- 
velope, and that Surratt and Mudd were looking at it, 
and were engaged iu a deep private conversation 
scarcely audible. 
Q. Were you in the room all that time? A. Yes sir. 
Q. How close to them? A. About as far as that gen- 
tleman is from me. 

Q. Was the conversation in part audible? A. It was 
an indistinct murmur. 
Q. You heard none of it? A. No. 
Q. Who went out the door? Did Mudd go first? A, 
Booth went tirst. 
Q. Are you sure? A. Yes sir. 

Q. How long were they out together? A. As near as 
I can judge, not more than five or eight minutes. 

Q. Where did they go? A. Into a passage that 
leads past the door. 

Q. How do you know they stopped there? A. I 
don't know, for the door was closed after them, but 
by their movements I judge they stood owtside. 
Q. Why? A. I did not hear any retreating footsteps. 
Q. Surratt went out with them? A. Yes. 
Q. Are you sure Booth was with them when they 
went out the second time? A. Yes sir. 

Q. Did Mudd say anything as to how he came to in- 
troduce Booth to Surratt? A. No sir. 

Q. Which one of them said it was about the farm? 
A. Mixld apologized to me for the privac.v of the con- 
versation, and said that Booth wanted to purchase liis 
farm, biitthat he would not give a suJiicieut high price 
and he did not care about selling it. 
Q. You had never seen Mudd before? A. No sir. 
Q. Had you heard him spoken of in the house? A. I 
had heard the name meuiioned, but whether it was 
this particular Dr. Samuel Mudd . I cannot say. 

Q. Did you hear It mentioned in counection with any 
visit to tlie house? A. No sir. 

Q. Do you know whether he did visit the house 
during the time you were there? A. No sir. 

Q. Where did Mrs. Surratt formerly live? A. At 
Surrattsville. . ^ 

Q. On the road to Bryanstown ? A. I can't say ex- 
actly. I am nut BUlHciently acquainted with the coun- 
try. 

Q Do you know whether it is on the road leading to 
Mudd'shouse? A. There were several ways of arriving 
at Mudds house. One road, called the Port Tobacco 
road, out by Piscataway. ..„.', 

Q. How far is Mudd's house from the city? A. I 
don't know. . ..,,.» ■, c 

Q. How far is Surrattsvillef A. About ten miles from 
the Navy Bridge. _ »• , • ., 

Q Did you ever bear his name mentioned in the 
faui'ly? A. Yes. I heard the name of Mudd; Dr. 
Samuel Mudd, ouly once. I think. 

Q After Bcoih. Surratt and Mudd returned from the 
passage outside, how long did you remain together? 
A. About twenty minutes, „ ■ T,r i„f, ,,,„ 

Q. And then where did*you all go? A. We left the 
hotel and went to the Pennsylvania House, where Dr. 
Mudd had rooms, and Mudd went into the sitting room 
and sat down with me and talked about the war, and 
expressed the opinion that it would soon come to an 
end, and spoke like a Union man; Booth was speaking 



28 



TRIAL OF THE ASSASSINS AT WASHINGTON". 



witli Surratt; Booth left, and bade us good night and 
wentout: Ur. Mu(ldremain(.^d thereb it left next morn- 
ing: ho said he was going to leave, whether he did or 
not I cannot say. 

Q, What lime waa it when you separated? A. It 
must have been about hall-past ten in the evening. 

Q. Wass Booth talting when drawing those liues? A. 
Yes sir. 

Q. And Mudd and Surratt were attending? A. Yes; 
all three sat around the table, and looked at what 
Booth was marking. 

Q. Are you sure they were looking at what he was 
drawing, or simply attending to \\ hat he was sayin:?? 
A They looked btyond Booth; their eyes on the en- 
velope. 

Q. How near were you to them? A. As I stated 
about as near riS tttat gentleman over there, (pointing 
to Judge Holt). 

Cj. Well, now, what distance is that in feet? A^ Per- 
haps eiglit fevt. 

Q. How large was the room? A- I have no means of 
arriving at itiat. 

About how large? A. I could not tell exactly how 
large it was. 

Q. I do not expect you to do that; about how large? 
A. Abaut half ihesiieof this room. 

Mr. Pitman here asked the witness whether 
hemejvnt half ttie room in length and half in 
breadth, whicii would be quarterof the room, or 
merely hiilf the lent;th, with the same width. 
The witness then pointed to a dividing railing 
in the room, and said about the size from there. 
Q. Have you ever heard any conversation having 
reference to" Payne's assignment to tha murder ot the 
Secretary of State? A. No sir. 

Q. In what part of tha room was the table situated? 
A- In the centre. 

Q. You sav you saw Mr. Harold in the* summer of 
1862. at Mrs.'Surrat'.s. atSurrattsville? A. It was at the 
time of the election of countyofficers; a band hadgone 
down to serenade the officers who had been elected, 
and in returning tliey serenaded us; I also saw him in 
July at Piscataway Church, and also the time at the 
theatre. 

Q. When you left the theatre you all walked down 
the street together a portion of the way? A. Five of us 
left together, and when we came to thecorner of Tenth 
and E.streets, we turned around, at least Surrattdid, 
and ^^aw the other two were not following, and told 
me to go back ami fiud them; I went backhand fouud 
them engaged in close conversation with BMot,h. 

Q. Youmetthemat ihorestaurant? A. Yes.sir,and 
on my apjiroaching tliem Booth asked me to take a 
drink, and intrnduecd me to a man whose name I do 
not remember, but whose face is familiar to me. 

Q. Did you take a drink? A. (emphatically), Yes, 
Bir. 

Q. They were all standing together when you ap- 
proached? A. Yes. 
Q. Is ear the bar? No, sir, around the stove. 
Q. Was it a cold evening? A.No.sir; there was no 
fire ill the stove; it was a very pleasant evening. 

Q. Do you know wliether Harold and Atzeroth had 
taken a drink together beibre you came in? A. No, sir. 
Q. When you leit. did you all leave together? A. 
Harold, Atzeroth and I left togetlier, and overtook 
Surratt on Seventh street ; ho invited us to take some 
oysters, but Harold went down Seventh street. 

Q. Do yuu kunw whore Harold lived? A. I was at 
the house only ouce; I don't know thepreciscspot. 

Q. You remarked sir, that at some time 
\rhen you were in company with Mrs. Surratt, a party 
■would call to see her. Do'you remember of Mrs. Sur- 
ratt sending a regucst to have a private conversaiiuu 
with Booth? A. On the 2d of April she sent me to the 
hotel and told mo to tell him that she would like to see 
him on some private business. 

Q. In reference to that ton dollars given you by 
Booth to obtain the buggy? A. I thought it an act of 
friendship. Booth had been in the habit of keeping a 
buggy and had promised to let Mrs. Surratt have the 
loan of it, and when I v.'eiit for it he said. "Here is ten 
dollars; go and hire one." 

Q. You sjiiike of going to Montreal: at what 
time was that/ A. On the 18th of April, the Monday 
alter the assasf^ination. 

Q. What business had you there? A. I was seeking 
Surr.att. 
ii. Did you find him? A. No sir. 
Ci, Did you over see Mrs. Surratt leave the parlor to 
have a iirivate interview Willi Booth? A. Krequently; 
she would go into the passage and talk with him. 

Q. How much time did these interviews generally 
occupy? A. Generally not more than live or eight 
minutes. 

U. Well, sir, by any conver'^ation with her were you 
ever led to lielieveshe wa.s in secret conspiracy with 
Booth, ornny oi his confederates? 

Here it w.-is remarked by a member ofthe Court that 
the witness liad liotter confine himself to a Blft'enierit 
of facts, and the iiuestion was waived by the cross-ex- 
amining counsel. It was also here stated by the Court 
that it was a rule in the examination of witnesses that 
each one should be e-tamined by one Judfe-Advocate 
and by only oue counsel to each piisuuec. 



Q. Did j'ou ever transact any business for Mrs. Sur- 
ratt? A. I only wrote a letter to Mr. Nothy. 

Q. What was that? A. It was as ibllows •— M- 
Northy, unless you come forward ivnd pay that bill at 
ouce I will begin suit against you immediately. 

Q. Anything else? A. I tigiired .^ome iniere'st sums 
lor her, the interest on i4:i9 (or thirteen vears. 

Q. Do you know of any interview between Atzeroth 
and Surratt? A. I have been there frequently at in- 
terviews with Surratt m the parlor. 

Q. Do you know of any between Pavne and Atze- 
roth? A. ies; on llie occasion of Pavne's last visit 
to the house Atzeroth called to see SuiTatt once, aud 
they were in my room. 

Q. Do.vou know of any conversation in reference to 
theiwsignment of Atzeroth to the assassination of the 
Vice President? A. No sir. 

Q. Now you say, that at 2'i o'clock on the evening of 
the 14th ot April, you saw Atzeroth at a livery stable? 
A. Yes sir. 

Q. Trying to get a horse; did he sav what he was 
goingtodo with the horse? A. He sa'id he was going 
to take a pleasure ride out in the couutr}'. 

Q. Yousay hedid notget the horse? A. The stable 
keeper refused to let him have one. 

Q. Do you know whether he succeeded insetting one 
that day? A. No, sir. 

Q. When did you part with him? A. Immediately- 
after at the Post Office; J dropped a letter and came 
oack to the stable. 

Q. Was that the last Interview you had with him 
until the assassination? A. Yes sir. 

Q. Where did you see him again? A. In the dock 
there. 

Q. To-day? A. Yes sir; to-day. 

Q. Yousay you recognized that spur as having been 
seen by you on the bed of Payne at the house ot Mrs. 
Surrat't. What makes you recognize it? what marks 
are there that distinguish it from spurs in general? A. 
I had them in my hand. 

Q. Was It the same with the knife? I understand 
you to swear you saw that knite there. A. No, not 
that knife. 

Q, On the 4th of April do you know where Payne was 
stopping? Do you knowanything about Payneonthai 
dav? A. Yes, sir; I rememberthat Atzeroth and I met 
and I asked him where he was going, and he said lie 
was going to get a horse for Payne. 

Q. But where was Payne? A. I don't know; I only 
saw him on those two occasions. 

Q. Where then was Atzeroth stopping? A. I don't 
know. 

Q. Did not he speak of the place where Payne was 
stopping? A. No, sir. 

Q. Do you know of his having stopped at the Hernr 
don House? A. I know it because Atzeroth tidd me; I 
met him one day on Seventh street; he said he was 
going to see Payne, and I asked him if it was Payne 
that was at the Herndon House, and he said yes. 

Q. You said Payne paid a visit to Mrs. Surratt, and 
stopped only one niglit? A. Yes, sir. 

Q. With whom did he appear to have business? A. 
He aiipeared to have business with Mrs. Surratt. 

Q. Did he have an.v other dress, going to show that 
he wanted to conceal himself, that you saw? A. No, 
sir. 

Q. HaveyouseenPaynesincetheassassination until 
to-dav? A. No, sir, I believe not. 

Q. Was he received by Mrs. Surratt as an intimate 
friend? A. He was by Mrs. Surratt; he was treated as 
an o'd acquaintance on his first visit. 

Q. Now yousay he represented himself to be a Bap- 
tist minister; did they regard him as a man in disguise. 
or as a minister? A. Oneof the young ladie-; remarked 
that he was a queer looking Baptist preacher; that he 
wouldn't convert many souls. 

Q. Did vou ever see Payne and Atzeroth in company? 
A. Yes; Atzeroth was at the house on the occasion of 
Pavne'slastvisit. 

(i. Were you, or were you not at Mrs. Surratt's when 
Pavne was arrested? A. No sir. 

Ci. Were vou in the house at .3 o'clock on Saturday 
morning, when the officers took possession? A. Yes 
sir. 

Q. Was Pavne not there then? A. No sir. 

Q. I would'like to know what professional employ- 
ment vou are in? A. Clerk in the office of theCom- 
miosaiy General of Prisoners, and have been since the 
bth dav of January, 18C4. 
Q. Colonel Hoffman's office? A. Yes sir. 
It w.a° here moved that the Court adjourn, but after 
some discussion the adjournment was postponed. 

Testimony of Kobert U. Jones. 

Bobert It. Jones, sworn— Q. You are a clerk at the 
Kirkwood House? A. Yes sir. 

Q. Look at tliat paper and say if it is a page taken 
from the register of that hotel? A. Yes sir. 

Q. Do vou read upon it the name of Atzeroth? A. 
Yes sir, A. '?. A-l-z-r-r-o-a-l, I believe. 

Q. From that register does it appear that he took .a 
room there? A. Ves, on the -ith of April, I should 
think ill the m orniug before S o'clock. 

(J. What is the numbw of the room? A- No. 128. 



TRIAL OF THE ASSASSINS AT WASHINGTON. 




J. WILKES BOOTH.— THE MURDEEEB OP PRESIDENT LINCOLN*. 



(2) 



TRIAL OF TFIE ASSASSINS AT WASHINGTON. 



29 



Q. Have j'nii any recollection of the man Le'ng seen 
by you ihuL ciav? A . I saw him that day, sir. 

"Q. Dj you recosnizo him amongst tliose i.risoners? 
A. That"looks hlio ilie man. 

Major-General liuiiUT l> Atz.eroth— Stand up. 

\\ unesssaid, '•! ihmli that is liim, .sir." 

Q. Do you know what Uccanie of him after ho took 
the room? A. Ida nut kno'.v; it was liciwcen twelve 
and one o'cloek when I saw him that clay. 

Ci, Do you know anything of Booth having caDed 
that daj' to inauire tlie number of Vice I'resident 
Johnson's room?" A. I don't know tiiot ho inquired; 
Jgavea card of Booth's to Colonel Browning, Vice 
Prcsid-.nt Johnson's Secretary. 

Q. Von did iii.it receive it imm him himself? A. I did 
ni.t. I vhink, although I may have done so. 

Q. "Vou have nut seen the prisoner till now? A. 
Kosir. 

U. Xv'ere you present when the room was opened? 
A. I was not ihero when it was opened; I went up 
with Mr Lee after it was opened. 

Ci. JJid you see a:iytaody tiere during the day that 
Atz-^roth was at the hotel? A. There was a young 
man spoke to hiin when I saw him at the ofuce 
counter. 

Q. Did you see any one go to the room with him ? 
A. Ko sir. 

Q. Would 3-ou know Booth? A. I don't think I 
would; he has been at the house, but I don't think I 
recollect liim. 

Q. Were you present when that bowie knife was 
taken from the bed? A. Yes sir; it was under the 
sheet. 

Q. On what day was that? A. The day after the 
murder of I he President, or on the evening after. 

Ci. Had the bed been occupied? A. No sir; the cham- 
bermaid had not been in there. 

Q. W.s Atzerotii out thenightof the assassination? 
A. Xotthat t know otrit wasbi'twoen Uand 10 o'clock 
that I saw him; he asked if any one had inquired lor 
him. 

Q. This was the 14th day of April? A. Yes sir. 

Q. lie paid for one day in advance for his room? A. 
Yes sir. It appear.^ on the book. 

CJ, He had never lieen to the hotel before to your 
knowledge? A. I had never seen hiai there before. 

Cross-examined:— y. Were you clerking the desk the 
day when he registered ? A. I went oil" duty at 12 
o'clock thatday. 

Q. Did you sea him register? A. No sir. 

Q. Wiiat reason have you for supposing that the 
person who wrote his name was tije person you have 
identiiicd? A. He called to the counti.T, puimed to his 
name on the register, and asked if any on^ bad called. 

ti. What day was that? A. On Friday, between 
twelve and on.? o'clock. » 

Ci. J>id you see liim a;ter that in person? A. No, not 
after he le.t tin. counter. 

Q. Did you see him when his. baggage came in? A. 
No sir. 

Q. Had he any baggage when he arrived? A. I was 
not there when ne arrived. 

Q. Did ho go to his room while he was there? A. I 
didn't go there till next evening, between six and 
seven o'clock. 

Q. Do you know whether he slept there? A. No sir; 
the Ciiambermaid could not get in: she could not find 
the key. 

Q. Did you ever find the key? A. We never have 
.seen itsince, 

Q. Did you have any conversation witii a detective 
in the course ol tlip evening of the l5th, in rererenco to 
a suspicious looking person at the Kirkwood lluiise? 
A. On the I.3th. the day alter the murder, I think j)ro- 
bablyl had, but I don't recollect of any particular 
conversation withresrai-d to it. 

Q. Do you remember going with the detective to the 
room? A. I went with Mr. Lee to the roo ;i. 

Ci. Do yon know whether the prisoner Atzeroth had 
expressed any clioice of the room, or lor the particular 
number, No. 2li? A. I was not there when he was 
roomed. 

Q. Did you inspect the different articles which were 
found in the pockets of that coat? A. Yes; i t;aw them 
as Mr. Lee took tliem out. 

Q. Could you ident.fy liie pi.stol you saw on that oc- 
casion? A. I don't tliinlc I could, the particular one; 
it was a large pistol sucli as cavalry soldiers wear. 

Q. Was it loaded or not? A. It was. 

Q. How are the barrels, round? A. I think it was a 
round, single barrel, with chambers. 

Cj. Could you recognize the books? A. I think I 
could; the one that had "J. Wilkes Booth" on the 
outside the ki.i.e was aslieath-knile, the same as that 
one on the table, but I could not swear to the identity 
or it. 

The assistant counsel for Mrs. Surratt then said :— 
Mr. President. I have to a,k that toe examination of 
Mr. Floyd may be postponed until Mon:lav, as his tes- 
tim'iny affects Mrs. Surratt and is of great 'importance, 
and I fjel desirous tiiat his examination mav take 
place when her senior counsel, Mr. lleverdy Johnson, 
is present. 

The Court refused, the application to defer the ex- 
amination of Mr. Floyd on the ground that it could 
not wait on the whims or conveniences of counsel, and 



th.",t Mr. Johnson might have remained in Court had 
he so desired. 

Testimony of Hr. Floyd. 

Mr. Floyd sworn. 

Q. Where do you reside ? A. At Surrattsvillo. 

Ci. Are you acquainted with .lohn H. Surratt? A. 
Y'es, since tne 1st of December, 18u4, not much ))revious 
to that. 

Q. Do j'ou know the prisoner, Harold ? A. Yes, sir. 

Q. Do 3'ou know the prisoniT Alr.eruth? A. Yes sir. 

Ci. Will yi 11 stale whether or not some live or six 
weeks be. ore the assassination cf the President any or 
allot these men came to your house? A. They were 
there, sir. 

Q. All three? A. Y'es, sir. 

Ci. What did they brmg to your house? A. Atzeroth 
came first, went on to T. B.. was gone about half an 
hour and thelhreaoftiiem returned. Surratt, Atzeroth, 
and Harold. I noticed nothing with tiiem initil all 
three came came, when John Surralt railed me into 
tae front parlor, and t.:en on the sola I saw two car- 
bines and some ammunition. 

Q. Anything else? A. A rope. 

(i. Howlong? A. About sixteen to twenty feet. 

Ci. Were t.ese article? left at your house? A. Yes; 
Surratt asked me to take care of them and I told him 
I did not like to have these things in the house; he 
then called me into a room I had never seen mto be- 
lore, and shovvedme where I could place them under 
a joist. 

Ci. Were they concealed there? A. Y''es sir; I put 
them there myself. 

Q. How much ammunition was there? A. Just one 
cai'tridije box. 

Ci. What kind of a carbine was it? A. Did'nt ex- 
amine them; they had covers over them. 

Ci. Stale whether on the Monday preceding Mrs. Sur- 
ratt came to your house? A. I met Mrs. Surratt on the 
Monday previous to the assassination; when she fir-st 
broached the subject to me I dirt mt understand her; 
she asked nn^ aliiiiit llicshooting irons, or something of 
that-kind, to draw my attenfion to tho.-;e things; I had 
almost forgotten they were there, and 1 told lier they 
were hidden away: she said they would be wanting 
soon; I don't recollect the first question she put to me; 
she only referred to it in a manner, and finally came 
out and said tiiey would be wanted soon. 

Q. Kow will you state whether on the evening or day 
on which the President was assassinated Mrs. Surratt 
dul'nt come to your house? A. Yes: I was out at- 
tending atrial, and iound herthere when I came back; 
I. judge it was about five o'clock; I met her at the wood 
pile, and she ti>ld me to have them shooting irons 
ready that night, andsaid there would he some parties 
call ior them that nigiit; she gave mesomethingin a 
piece of paper to keep ibr her, and Ilbunditwasa 
fie.d-glass; s.ie asked me a' so to have two bottles of 
whisky ready, saying they would be called for at 
night. 

Ci. And were they called for by Booth and Harold 
that night? A. 'fhey both came, B oth and Harold, 
and took their whisky out of the bottles; Booth did'nt 
come in but Harold did: It was nut over a quarter 
alter 12 o'clock; ]5ooth was a stranger tome; Harold 
came in and took the whisky, but 1 don't think he 
asked l-or it; he said to me, get me thosti things. 

Ci. Did he not say to you what those things were? A. 
No; but he wa.s apprised that already I knew they 
were coining lor them; I made no reply, but went and 
got them: I gave him all the articles, with the field 
glass and a monkey wrench. 

Ci. Klietold you to give them the whisky, the car- 
bines and the held glas. A. Yes sir. 

Q. How long did they remain at your house? A. Not 
over five minutes 

Q. Did they take both the carbines, or only one? A. 
Only one; Booth said he could not take his, because his 
leg was broken. 

Ci. Did he firink also? A. Yes, while sitting in the 
porch; Harold carried the bottle out to him. 

Ci. Did they saj' anything' about the a-ssassi nation? 
A. As they were leaving Booth said, "I will tell you 
some news; J am pretty certain me have assassinated the 
I'rcsidrnt und iSerretury iSeward."., i 

Q. Was that in Harold's presence? A. I am not cer- 
lain. I became so excited that I am not certain. 

Q. At what hour was the news 'of the President's 
.assassination altjrwards received by you? A. I sup- 
pose it was about uineo'clock. 

Q. As the news spread was it spoken of that Booth 
was the assassin? A. I think it was, on several occoc 
sious. 

Ci. Did you see the prisoner. Dr. Mudd, before? A. I 
never saw him before. 1 am not acquainted with him 
at all. 

Q. What was the exact language used when Harold 
asked you for those things? A. For God's sake make 
haste and get those things. 

Cross examination.— Ci, At what time did you rent 
the hou-e? A. About the 1st of December last. 

Q. At the time you commenced the occupation of the 
premises did j'ou find any arms in the house? A. Nosir. 

Q. No guns or ijistoU? A. There was a broken gun, 
a double barreled gun. 

Q. Do you keep a bar there? A. I do, sir. 



30 



TRIAL OF THE ASSASSINS AT WASHINGTON. 



Q. Detail the first conversation you bad with Mrs. I country, and tokl me he had come from T. B., when 



Surratt on thetwo last times yuu suw her. A. It was 
out of Unioiitown: we had pu^i'd cacli oiher: 1 stopped 
and saw it was her and got out and went to her butrgy 
and slie .spoke to nie in a manner trying to draw my 
attention to lho.se things, the carbines, but she tinally 
came out plainer, thoutjh lam not quite positive, but I 
think she said snooting irons. ,^ ^ ^ 

U. Can you swear, Mr. Floyd, on your oath that she 
meniioncdshootiiiK irons to you at all? A. X am 
pretty positive. she did ou both occasions, and i know 
Bhe did on the last. , , ^ ,r c 

Q At what time on Friday did you meet Mrs. Sur- 
ratt ' A. I did not meet boron Friday at all; I was 
out and when 1 returned home I found her there. 

Q. How long did she remain after you returned? 
k. isot over ten minutes. 

Q Now state the conversation between you and her 
flurinii those ten niiiiules. A. The lirst tiling she s.iid 
was -Talk about the d.-vil and some ot his imps wul 
appear." Then siie said, " Mr. Floyd, I want you to 
have the shooting irons ready,some parties w.ll call 
lor them lo-nighi;" she gave me a biind>e, but 1 duln t 
open it until 1 got up stairs, and 1 found it was a lield- 

^o'^Atwhat time of day had you thi-; converaation 
■wiih M s. Wurratt? A. 1 iudge U was about oo clock, 
but it mifbt have beuMi later. She told me to luiye 
those sho'ijiing irons ready, and I earned them and the 
other things into the house. That is all the conversa- 
tion I had with her ill re.erence to tliut. I wentuitu 
••he barn and she requested me to li.x her buggy, the 
spr.ng of which hud become detuohed irmu the a.xle. 

U. Wasanyotlier person present during this inter- 
view? A. Jlrs. <Jrt'ei Wiis there. . ^ j .. 
Q. \Va3 she within hearing distance? A. I don t 
know; I suppose she was. 
Q. This was in the yard? A. Yes sir. _ 
Q. IsMrs. UUet a neighbor ofyouts? A. She is my 
sister-ln-lavv. . ^ ,, ^ 
U When did you first have occasion to recollect 
these conversations? A. When I gave all the particu- 
lars to faplain Burnett, the Su urdiiy week loi.owmg, 
U. Was that the lirst lime you detailed those couver- 
Bations? A. Yes. 

Q Did you relate anv of the circumstances to any 
other person? A. Onl v to Lieutenant L.ovelt and Cap- 
tain L'unniugham. I told tiiem it was throigh the 
Surratts I got myself into diliieulty, and iithey hadn't 
brought those arms to the house I would not have 
been in anv difficulties at all. 

Q. Were Love.t and Cunuiugham together when you 
told theai? A. Yes. . ^ , , 

U. Didvou talk to Mrs. Offet about it? A. I don't 
think I did: I am not so positive aoout that. 

Q. flow soon a.ter Booth and Harold left did you 
learn positively of the assassination of the President? 
A. 1 got it Ironi them. 

Q. How soon alter did you get it from other parties? 
A. About eight or nine o'clock the ne.xt nioniiiig. 

Q. Did you have any conversation with the soldiers 
in regard to it? A. No sir. 

Q. D.dvou tell Ihein about Booth and Harold being 
at your place? A. 1 did not, and I am only sorry that 
I did not. 

Q, Did Mrs. Surratt liave any conversation with you 
in reference to anvconspiracy? A. Kiversir. 

(J. Did Mrs. Surratt hand any tuing to you when sJ-e 
spoke about those shooting irons? A. Yes sir, the held 
gla-ss. 
U. Have you any family? A. I have a wife. 
Q. Have you a son'.' A. JSosir. 

Q. Doe-s any person work, for you? A. Yes sir, a 
couple of colored men. 

ti. Were any of them present at the conversation be- 
tween vou and Mrs. burriiti? A. No .'ir. 

Q. Was the parkage handed to you by Mrs. Surratt's 
owu hand? A. Yes, byherseli. 

Ci. Where were you slamUiig when she handed it to 
you? A. Near the woodi)ile. 

Here a dillerent counsel entered upon tlie task of con- 
tinuing' the cross-e.xam in at ion rendered exceedingly te- 
dious bv the.insutHcient voice of the witness, whom 
the Court and counsel couid scarcely hear. 

Q. Mr. Flovd, can .vou recellectwho it was, after 
Boo!l> and ifaro'.d leaihe liouse. that first told .vou it 
was Booth who killed the President ? A. I c.mnot: it 
■was spoken of in tliu bar-room the next morning and 
throu'4liout the day. 

Q. Were the circumstances told, and the manner in 
which he did It? A. I don't remember any circum- 
stances being told. 

Q IJo you know whether the soldiers who (irstcame 
to the linuse knew it was Booth? .A.. I do not; I sup- 
pose they knew it, asthey bruughlllie reportfrom the 
city. 

Q. Mr. Floyd, how long beforethe assassination was 
it that the three gentlemen you relt-rrod to came to 
your house. A. About six weeks; lliey had two 
DUK'.:le.s; Hurratt and Dave Harold were in the buggies; 
Alzeri.ih came on horseback, 
(i. Thev all came togetlier? A. Yes. 
Q. Wefl wlKj went down to this place called T. B? 
A. Surratl and Atzeroth. 

U. Ijid Harold go Willi thnmlhen? A. No: Harold 
wa4 there tiie night hefure; he had goue down the 



they all three came back. 

Q. How long were they gone? A. Not over half an 
hour. 

Q. Who handed the carbines to you? A. John Sur- 
ratt ; when they all came into the bar. Surratt told me 
he wanted to see me. and took me to the front parlor, 
and there, on the sofa, were the carbines. 

Q. lio you know which buggy they were taken from? 
A. I did not see anything oi any arms at all until they 
were on the so;a. 

Q. What became of the rope that was not taken 
away? A. It was put in the store-room with the 
monkey wrench. 1 tcdd the Colonel all about it at the 
Old Capitol, and I supi)Ose he sent lor it. 

Q. Did at any lime any con%'ersation pa.ss between 
you and Harold about the arms. A. The night of the 
assassination when lie got the carbines. 
Q. Whicli road did they talce? A. Towards T. B. 
Q. Did Booth and he start off together? A. They 
did. 

Q,. Can you say whether it was in Harold's presence 

that Booth told you he had killed the I'resldent? A. I 

am ni.tsuro. because Harold rode across theyardlike. 

U. 'iou were arrested on the Tuesdaj- following? A. 

Yes sir. 

Q. Where? A. About fifteen hundred yards from T. 
B.. on m V way home. 
Q. Did Harold take a drink at the bar? A. He did. 
Ci Did betake thebollleback? A. He did. 
Q. Did hs pay for Ihe drink? A. He said, "I owe 
you a couple oi dollars, and he gave me one dollar. 

Q. Was it light enough for .vou io observe the kind of 
horses they had? A. One was almost a white horse 
and tiio other was a bay. The bay was a large horse. 
Harold was riding on the bay. 

Here another counsel took npthecross-examination, 
beginning with tiie olt repeated injunction to the wit- 
ness to sjieak louder. 

Q. Mr. Floyd, yon say you met Atzeroth m company 
with is.nratt and Harold? A. He came there five or 
six we.'ks before in company with Surratt. 

Q. Did you ever see hi m before that time? A. Yes; 
he had been to niy house belore. 
Q. Did he ever deliver to you anything? A. Never. 
Q. Have you seen him since the assassination? A. 
Never till now. 

U. 1 )id you ever see the prisoner Arnold ? A. I don't 
know him. 

(J. Did Booth take a rifle wiih him ? A. No sir, but 
Harold did. 

Q. Where were the arms, then ? A. They were in 
m\bed chamber. 
(J. When did you bring them there? A. After Mrs. 



Surraltleit, in c msefiuence of her order. 

U. Did yoifgive tiiem the carbines bei'ore they said 
anything about shooting the President? No sir; alter- 
wards. 

Q. What time was it? A, A little after twelve; I 
woke up .iust before twelve o'clock; I had gone to bed 
about nine o'clocic. 

Q. When the soldiers searched did you give them 
aid? A. I told them 1 did not know anj^thing about 
it; 1 should have been perfectly iice if I uad given 
them tlio m.'ormutioii the.v asked for. 

(i. Did vouluive anv conversation with Mrs. OfTet 
afier MisI S irratt went away ? A. I am not certain; I 
think 1 told her. 

Q. Where were you standing? A. Near the wood- 
pile. 

The court adjourned till Monday morning. 



W,\sniNOTOx. 5Iay 15.— The witnesses examined 
this a ternoon showed the intimacy of Booth, Arnold 
and o'Laughlin. 

Mr. Cox. for the defense, objected to the whole of 
this evidence, on the ground that the mere fact of inti- 
macy was not evidence ot conspiracy. 

.Incite Advocate Holt sai I they had fully established 
the intimacvof the party in Washington, and simply 
proposed to show the intimacy which existed in Balti- 
more. 

The Court overruled the objection; but ordered it to 
be put on record. 

It appeared from the testimony of David Stanton 
that on the night of the illumination, the i:Uh of Apni, 
O'Laughlin was jirowling in the house of the Secretary 
of War; but having no business there, he was ordered 
out. (loneral Grant was in the parlor at that time. 

The Court remained in session until 7 o'clock. 

A number of witnesses were examined as to the oc- 
currences at the theatre On the night of the assassina- 
tiou. 

The Charges and Specifications. 

The following is a copy of tlie charges and specifica- 
tions agahist D.ivid K. Harold, Ceo. .-V. Atzeroth, Lewis 
Pjiyue. Michael O'Laughlin, John H. Surratt, Ldward 



TRIAL OF THE ASSASSINS AT WASHINGTON. 



31 



SpansrJcr, Samuel Arnold, Mary E.Surrart. and Samuel 
A. 5Iu(id:— 

Cliai-gp 1. For mali'^iously, iinlawfu'ly, and traitor- 
ously, and in aid of tlio p:^i«tiiit; armed Kobollion 
apainst the Uiiitod States nf America, on orbe oro tlu> 
4tli day of Jlarch, A. D. isfi5. ani on divt r; other d;iys 
between that day and tlie IJtIi day of April, A. 1). istis, 
combining, coiiiedoratinc:, and conspirincc tofrether 
with one John IT. Surratt, .lolin Wilkfs Booth. Jcficr- 
son Davis, Goorge N. Sandei-s, Bpverley Tuckpr, 
Jacob Thompson. William C t'leary. Clement (_'. (lay, 
George Ilarii' r. Georse Yountr. andothrrs unknown, 
■wilhih the Military DPiiartment of \Va.shin.;jion, and 
within the fortilied and intrenched lines thereof, 
Abraliam Lincoln, late, and at the time of said 
combinins:. pon'ederating and oonsi)rin.i?. President 
of the United States of America, and Commander- 
in-Chief of the Armv and Navy thereof: .\ndrew 
Johnson, then Vice President of the X^nited States 
aforesiiid; William H. Seward, Secretary of State 
of the United States aforesaid, and Ulvss -s ,S. Grant, 
Lieutenant-General of the Army of the s^tates alVn-e- 
said, then in command of the Ar.iiies o" the United 
States, under the direction of the Slid Atirabanl Lin- 
coln, and in pursuance of, and In prnsefutin.tr said 
jnalicitais. unlawful, and traitorous conspiracy afore- 
said, iind in aid ot saidnebellion. a terwiirds. tn-wit:— 
On the nth day of April, A. l^.tsCT, witlim the JliM- 
tary Deiiartmciit of Washin.fftnn a orrsaid. and within 
the' fortilied and intrenclied lines of said Miliiary I>e- 
parlmont. together with thesaid ,Tohn Wilkes Booth, 
andJolin I-I. Surratt, maliciously, unbiwiully, and 
traitorously murdprinff the said Abrntiain Lincoln, 
thpn PresiUent of the United States and Commander- 
in-Cliief of the Army and Navy of the United Statisas 
atoresaid, and maliciously, unlawlully, and traitor- 
ously assauUioT with intent to kill and nuirder the 
said William II. Seward, then SecrPtary of Slate of the 
United Slates as aforesaid; ai'd lyini; in wait with in- 
te'.it maliciously, unlawfollv, and trnitovous'y to kill 
anfl inurK'r the said Andrew Johnson, then beint' 
Vice-President of the Uirted Sia'.es, and the said 
Ulys-es s. Grant, then being Lieutenant-General and 
in command of the armies of the United States as 
aloresaid. 

Spcrilication 1. In this, that they, the said D.avid E. 
Harold, Kdward S;ians:ler, Lewis Payne, John IT. Sur- 
ratt, Michael O'l^aufiblin, Samuel Arnold, Mary E. 
Surratt, George A. At?,eroth and Samuel A. IMudd, in- 
cited and «ncauraged thereunto by Jeirerson Davis, 
George N. Sanders, Beverley Tucker, Jacob TnomiJson, 
William C. Cleary, Clement C. Cl.iy, Geor:!e Harper, 
George Young, and others unknown, citi.-'.ens of the 
Uniied States aforesaid, and who were thcnengaged in 
armed Rebellion against the United States o I America, 
within the limits thereof, did, in aid of said armed B.e- 
bellion, on or before the Gth day of Jfarrh. a. D, IS'S. 
and on divers other day and time b 'tween that 
day and tlie loth day of April, A. I). ISGj, com- 
bine, confederate and eoiispire to.sether at Wash- 
ington cily, within the JTilitar.v Department, 
and within tlie intrenched fortifications and 
military lines of the said United States, there 
being unlawlully, mali''iousl.v, and traitnrouslv to kill 
and murder Abraham Lincoln, then Presirlent of the 
Un;te<i States aioresaid, and Conimandi.T-in-Chiof of 
the Army and Navy thereof, and unlawfulh', mali- 
ciously, and traitorously to kill and tnurdf^r Andrew 
Johnson, then Vice President- of the United States, 
upon whom on the death of said Abraham Lincoln, 
aiter thp4th day of March, A. D. ISGfl, the office of Pre- 
sidentof the said United .States, and Commander-in- 
Chief of the Army and N:ivy thereof, would di'V(dve, 
and to unlawfully, maliciously, and traitor iislykill 
and murder Ulysses S. Grant, then Lieutenaiit- 
General under the direction of the said Abraham 
Lincoln in command of the Armies of the United 
States aforesaid: and unlawfully, maliciously, and 
traitorously to kill and murder 'William 11. Seward, 
the Secretary of State of the United States a ore- 
said, whose duty it was hy law ujion thedeath of said 
President and Vice President of the United States 
aloresaid, to cause an election to oe held for electors of 
President of the United States, the conspirators 
aforesaid designing and inteud-ng b.v the killing and 
murder of the said Abraham Lincoln and Andrew 
Johnson, Ulysses S, Grant and William II. Seward 
aforesaid, to deprive the army and navy of the s.aid 
United States of a constitutional comm;uider-in-c!iicf, 
and to dei^rive the armies of the XTnited Slates of their 
lawful commander, and to prevent a lawful election of 
President and Vice President of the United .States 
aforesaid, and by the means aforesaid to aid and com- 
fort the insurgents engaged in armed rebellion again-t 
the said United States as aforesaid, and thereby to aid 
in tlie subversion and overthrow of the said'United 
States 

And being so combined.confederated, and conspiring 
together in the prosecution of such unlawful and trai- 
torous conspiracy, on the night of the lltli dav of 
April A. D., I8(J5, at the hour of about 10 oclnckand 
15 minutes l\ M., at Ford's Theatre on Tenth Street, in 
the city of Washington, and within the Military De- 
partment and military lines aforesaid, John Wilkes 
Eooth, one of the conspirators aforesaid, in pursuance 
Of said unlawful and traitorous conspiracy, did then 



and thereunlawfiilly, maliciously, traitorously and with 
intent to kill and niurdor the said Abraham Lincoln, 
discharge a pistol, held in the hands of him, the said 
Booth, the same being then loaded with powder and a 
loadcn ball, against and upon the left and posterior 
s de of the head of Abraliam Lincoln, and did thereby 
then and there inflict upon him, the said Abraham 
Lincoln, then President of the said United Stales and 
Commander-in-Chief of the Army and Navy thereof, 
a mortal wound, wherpof afterwards, to wit. on the 
l.".th day of April, A. D. isos, at Washington City a'bre- 
sakl. the said Abraham Lincoln died, and thereby then 
and there, in pursuance of saic conspiracy, the said 
defendants, and the said John Wilkes Booth, did un- 
lawfully, traitorously, and maliciously, and with tho 
intent to aid the Bebellion as aforesaid, murder the 
President of the United States as aforesaid. 

In lurther prosecution of the unlawful, traitorous 
conspiracy a'ores nd.and of themnrderousand traitor- 
o:isintento'said conspiracy, thesaid Edward Spangler, 
I n tlie said 14th day of April, A. 1). Lsi;,j. at about the 
s. line hour of that day as aforesaid, within said mili- 
tary d'partnient and the military lines aforesaid, did 
aid and assist the said John Wilkes Booth to obtain en- 
trance to ibe bo.x in said theatre in which said Abra- 
ham Lincoln was. 'dttiiig at tlio timehevvas assaulted 
and shot as aforesaid hy John Wilkes Booth, and also 
d d then and there aid said Booth in barring and ob- 
structing the door ot the box of said theatre so as to 
hinder and i revent any assistance to or rescue of the 
said Abraham Lincoln asraiiist the murderous assault 
of the said ,Tohn Wilkes Booth, and did aid and abet 
1 im in making his escape after the said Abraham 
Llnc'ln had been murdered in manner aforesaid, 

A nd in further prosecution of said unlawful, murder- 
ous and traitorous conspiracy, and in pursuance there- 
oi, and with the intent as aforesaid, the s^aid David E. 
Ilarnicl, on the iii^ht of tho f4th of April, A. D. 1SG5, 
wiihin the Military Department and military lines 
a oresaid. abet and assist the said John Wilkes Booth 
in the kiilinr and murder (fthe said Abraham Lin- 
eo'n, anddid ih'^n and there aid, a- d abet and a.ssist 
him, thesaid John Wilkes Booth, in attempfin.g to es- 
cape through the military lines aforesaid, and accom- 
p:uiy and assist the said .Tohn Wilkes B )Oth in at- 
tempting to conceal himself and escape from .iustice 
a.iter killing and murdering the said Abraham Lincoln 
as aforesaid. 

And in fnrther prosecution of said unlawful and trai- 
torous consiiiraey, and of the intent thereof as afore- 
said, thesaid Lewis Payne did. on the same night ol 
the 14th dav of April, A. D. 18(1.5, about the same hour 
ol 10 o'c-lock 1,') minutes P. Jf., at the clt.y of W.asJiing- 
ton. and within the military department and military 
lines aforesaid, unhvwfnlly and maliciousl.v make an 
assaultupon the said William IT. Seward. .Sccretar.v ol 
State as .aforesaid, in the dwi-Uing house and bed-cham- 
ber of him, the said William II. Seward; and there, 
with a largo knife held in his hand, unlaw'iillj'. trai- 
torously, and in pursuance of the said co;!sr'iracy, 
strike, stab, cut. and attempt to kill and murder the 
saiil William II. Seward, and did thereby, then and 
there, and with the intent aforesaid, with sa'd knife 
intiict upon the face and throat of the said William 
IT. Seward divers grievous wounds; and the .said 
Lewis Payne, in further prosecution of the said 
consiiiraey, at the .same time and place last 
a'orcsaid, did attempt, with the knife aforesaid, 
and a pistol 1 eld in his hand, to k 11 and murder Frede- 
rick W. Sewaid, Augustus W. .Seward, Emerick W. 
Hansen, and Georve F. Bobinson, w''o were then 
strivingto protect and resfiio thesaid Will'am H. Se- 
v.ard f;om murder by tiie said Lewis Payne, and did 
then and there, with thesaid knife and pistol held in 
his band, inflict divers wounds upon the headofthe 
said Frederick W. Sew.ard, juid upon the persons of 
thesaid Augustus W. Seward, Emerick W. Ilausell, 
and George F. I'.obinson. 

And in the further prosecution of thesaid conspiracy 
and its traitorous and murderous desi.'-'us, thesaid Geo. 
A. Atzeroth did, on the night of the nth of April, A.D. 
isn.",, and about the same hour of the night aforesaid, 
within the military department, and tho milit:iry lines 
aforesaid lie in wait for Andrew Johnson, then Vice 
President of the T'ntted States afore-aid, with the in- 
tent unh.w''nlly and maliciously to kill and murder 
him, the said Andrew Johnson. 

And in the Uirther iirosecution of the conspiracy 
aforesaid, and of its murderous and treasonah'e pur- 
poses aforesaid, on the night of the K'.th and 14th of 
April. )8 5. at Washington City, and within the mili- 
tary lines aforesaid, the said Michael O'Laughlin did 
then and tliere lie in wait lor Ulysses S. Grant. 

And in the furthpr prosecution oftlie said conspiracy, 
thesaid Samuel Arnold did, within the military de- 
liartmentand military lines aloresaid, on or about the 
6th dav of JIarch, A. D. l.Sii.^. and on divers other days 
and times between that day and the 1.5th day of April, 
A. D. 1SG5, combine, conspire with and aid, counsel and 
abet, com'ort and support the said John Wilkes Booth, 
Lewis Payne, George A. Atzeroth. Michael O'Laugh- 
lin. and tiieir confederates in the said unlawful, mur- 
derous and traitorous conspiracy, and in the e.xccution 
thereof as aforesaid. 

And in the further prosecution of the said conspi- 
racy, Mary E. Surratt did, at Washington City, and 



S2 



TRIAL OF THE ASSASSINS AT WASHINGTON. 



with'n themititarv department and milltTy llf^e^ 
alnrtsaid, on rr he o-o thf^ 6tli dav of March, A I). 
]8'r), ani at div"r> other drvs nrdtitn<'s between tht 
day and t*ie 2ith day of April, A. D. 1865. receive, 
en'er ain, harbor and roncea', aid rnd assist, t!)e 
SR'd Jo'm V,' i:ce=i rsoctli. Tavid t^. Hrro'd, Lews 
Payne John n. Siirratt Mcha 1 O'Lausrhlin, Oeor^'e 
A. Atzeroth Si^^uel Ami 1, i"-dt'Hir c-nfederr'-^.s, 
with a knowl'd.Te of the murderous and traitorous 
conspir'-c.va ere aid. and with Intent to aid, abet rnc\ 
as«;'st them in the execut'on thereof, and in e'cnpin"' 
frem iustic? after the mi;rder oftbesa'd Abrai-am 
Linro n, as a'ore~-ld, with intenttn aid, abe" and a sist 
thorn in tho execution tlirrco'". and i" rscapn-' from 
justice srter t:->o nv.rd'--r of the^aid Abraha'ii LinT In. 
in pursuance of the said conspiracy, in the manner 
aloresaid. 
By orderof therre=:ident of theTJnited States. 

J. HOLT. Judge Advocate-General. 

Proceeflinss of SPonday, Iflay 15. 

On 8a*nrday it was moved that if the record created 
BO objection on the rart of the Jndcres Ad vocate. or of 
the counsel for any or all of t!'e a_'cii^rd. t!)o presence 
of the several witnesses need not be considered of ma- 
terial necessity. 

Mr. .Mken. assistant counsel for Mrs. Snrratt, ex- 
pressed his willingness to accerV^to such an arr.nn^'e- 
mrnt. except in the case of Wek-hman. wb.om Te 
desired present not. however, that the witness nii-^lit 
hear the record of his testimonv read, but that'he 
misht re-examin» him on new ^rniind, which, as bo 
alleged. h::d been hronaht forth in the examination of 
the subsenuent witnesses. 

It was decided by the Court that the reason so stated 
did not iustifv the delay tliat the finding and reca''in!? 
of Weichman would occasion, and the'readins of the 
record was iirocr€ded with. 

After a time Mr. \\'eichman entered and heard the 
readin-Tof the portion of his crcss-e.xamijiation con- 
ducted bv Mr. Ewincr. and s'^vcrnl cnrrec'i ins mnde. 

Mr .Tohnson.thes^ninrcnunsel of Mrs. Snrratt when 
the whole of t!^e te<!timonv rendered bv Mr. Mre'ch- 
man bad been read from the record, i'prlied (o be per- 
mitted to ask of bim som" nnesMon be'ore be retired 
This was objected toby IMijor-General Wallace The 
President then I cvarl-Fd tliat the witness had been 
already exaiiined by the counsel, and a fair oppor- 
tunitv a(r,rderl. The Ju-'-re Advocate Gennml then 
asl-ed whe'berit was to i^e a cross-e.\-aniation. and 
bem.GT to'd by the counsel that it was. thoC'ourt under 
tie Advocate's stiKjrcstion. determined ih.it as he cou'd 
can up the witness hereafter ofthe de ense, it would 
be an economy of time. Genornl Wallace withdrew 
his obfCJon, Rddnt, h wovor, thct he dUl fo only for 
this lure, nopa'd--'! pbsced mv oivectinn on" the 
cronnd t;}atthe-,p objections would prove intermina- 
ble. imlrs istnnpcd by some rule, a ter counsel have 
ODce had a foil opportunity f-ir cro-^s-oxamination 

Examm.at'on by lion. Teverdv Joh';son-0. I under- 
stood you to say on Saturday t at vou went with Mrs 
Surrattthe fir ttime, on Tu?sday before tie assassi- 
nation, in a buT?y. Do vou recil'ect whet'ier vou 
stopped on the wav to Suriansville? A. Ye-isir. 

Q. Where? A. We stopped on two cr three occa- 
sions. 

Q. Did you stop at TTniontownl A. I do not know 
the particular point, whether it was at Uniontown or 
not. 

Q. Bid you stop at a village? A. We stopped on the 
road :'t no t)arti ul.nrvij'a'/e that T reinombor 

Q. IIow do you know Mr. Floyd? A. I have met him 
three ttmes. 

Q. Did you know him as the keeper of the hotel? A. 
1 knew li'm as the man who ha 1 rented Mrs. Snr- 
ratt s house from her, because I copied ott' the instru- 
ment. 

Q. Doyou reco'lect seeing him buv a bu'^'yonthe 
waytrom W,.shin^ten to Snrrattsv'ille, on Tuesdiv'> 
A. ^os sir: wemet hi-c:irria"e; it drove Tiastus; Mrs 
burrattca'led to Mr. F'oyd; Mr. riovd trot out and ap- 
proached the bu-gy; Mrs. Suriatt put her head out and 
had uconversal;on with lilm. 

Q. Did you hear it? A. Ko sir. 

Q. Did you hear J'nythinjjabout shootinc-irons' 

Question objected to by As-i=tant Judso Advocite 
Bineham. Tbequestion was thon withdrawn 

W itness— T heard notliin;-,' montionorl abcnit shootin" 
Irons: Mrs. Snrratt spoke to Mrs. Oiralt aiiout bavin'' 
this man, Howell, take the oath of alle?'aDce and KCt 
released, and sakl she w.as coins to apply to General 
A«isi;rorJu<lire Turner lor thai purpose 

^: ^}^^\if i^ '• ^'''i^-^ that interview between Mr. Flovd 
and Mrs. Snrratt on that ncc:ision? A. That I couldn't 
.say e.\actly: I don't think it was more than five or 
eight minute;: I don't c;irry a watch myself, and I 
have no preoise means of knowiuc 

B.v Judcrelloit-Q. I unairUoo;! vou to say you did 
nothcartlie whole of this conversation? A, I did not 
hear the conversation between Mr. Flovd and Mrs 
Burralt: Mrs. Snrr.itt spoke to I\rr. Flovd "at some dis- 
tance Iroin the buii-y, and I couldn't hoar it. 

By Mr. Johnson-Q. Do you recollect whether it was 
ramiQg at that time? A. I dou't think it was rainin" 



at that particular time: it w.-xs a cloudy, murky d.ay I 
cannot ; ay whether it was raining or "not; I don't re- 
member. 

The re.-.din«c of the record w.as resumed, and beins 
finished by hali-p.-.st one. the Court took ii recess 

Afi^r the recess. J<)i n M. Llovd was recalled ' and 
a.sk-ed If hocouM ideutf.-ihomroine.s shown to himaj 
the o es re oried to in his irev ous tostimouv 

fitness— The one v.itli ihc cover on I do not rco"- 
nizo; I do not think the cover looks like ti.osame- it 
was a kind oi Krey cloih: the other looks like the one I 
saw: Irocorn Lethe fixture or broech-loadinir, v,-hich 
attracted my attention, i-nd which I examin d; i the 
Court will allow met wish to makea statement, Wlien 
I was examined before I stat' d thru it w.a.s on Monday 
when I met Sirs. Surr.-'.tt at T noutown. I w:-s con- 
tused by my l.e.ns summoned to < 'ourt on two sieces- 
sive Mondays. The first Mondav [ was summoned to 
Court I did not go. I met Mrs. Surratt at Uniontown; 
the next (i-y alter I wont to Court, and con onijontlvit 
iiiust have been on the Tucsdav after tlie second Men- 
day I w;;-i summ. nod. I abo wish to make an' ilier 
s ateniont. I tesrijied in my last examination that I 
was not certain whether I carried the bundle t iven me 
byMrs. Surralt r.ps'airsor not. X cannot now recol- 
1 ctdKiiiictl.v, biu I think it likely I laid it on the sola 
111 thediniugr 'om. 

By JiKbe-AdvooateHoIt.— Q, You are sure it was 
the .same I)nnd:e you e.-:aniined l.ere? A. Yes sir I 
am sure it was tlefiamebuiidle. ' ' 

By Mr. Aiken.— Q. D.d I und( rstand youtosavvou 
vercm hquor atthfitime you had this conver ation 
with IMrs. Surr.'tt ? A. I was somewhat In liquor, as I 
thinlc I told .% oil on Saturda.v. 

Q. And on toat i "ciuiut, is ii that you are at fault la 
yi ur testimony, and wish to m^vke tlrs exp'anat-ou' 
A. I was not pos tivo whether I carried the bundle up 
stairs or not. The que tion was unexpectid. Il f bad 
expected it, I miffht have recollected more distinctly 
in my former examination. 

Testimony of Mary Tantsnc. 
Examined by Jr.clge Holt.— Q. Do vou reside in the 
city of Washiuu'ton? A. Id<i; at Xo. 420 street. 
Q. Do you keep rooms ior rent? A. I do. 
Q. Will you look at the prisoners at the bar and 
state whetlier, in the month of February la-<t, you saw- 
any of them: and if fo. which? A. Twoof tli'osftKcn- 
tlemen had rooms at my house, Arnold and O'Laush- 
lin. 

Q. What time in February did they take rooms in 
your house? A. As near as I can recollect itwason 
the loth. I cannot state positively the date. 

Q. Dd.von know ,T. Wilkes Booth in his lifetime? 
A. I Knew l;im by his coming to my house to see gen- 
tlemen who ba'l rooms there. 

Q. D d 1 e I r not comeveiy often to seethe prisoners, 
O'Lauohliii and Arnold? A. Yes, l':er]ueiitlv. 

Q. Would he rt luain ior a rrood while inciinversation 
w th them? A. As.a general thing he would po into 
tboir rooms and I could sie notliinc: furthorol'them. 

Q. Did these prisoners leave thocity and return seve- 
ral times? A. They 1. tt on .'Saturday to go to iheir 
homes, as I understood, in Ba'timore. 

Q. Do you know whether Booth accompanied them, 
or not? A. I think not. 

Q. Were these interviews between Booth and them 
alone or was Booth accompanied by other pei'sons? 
A. 1 never s:iw any one with bim. 

Q. They told you bis nime w.'xs .T. Wilkes Booth, did 
they? A. Yes. A mold did; I inquired who he was and 
hesa'd J. Wilkes Bootii. 

Q. D.d he call fir them frequently and not find them 
in? A. Yes; som.etimos. 

Q. Did he manifest much anxiety to see them on 
tliese occasions? A. Frequently: when thev wore 
awayhewould call three orfou'r times before they 
would return; he would appear very anxious to see 
them. 

Q. Would be on such occasions leave messages for 
them? A. Sometimes he would request, if they came 
in belbn- hecalled again, to sav that llievwould tiud 
him at the st ible: sometimes he would go into their 
room and write a note. 

(i. Look at the photograph now shown you. and say 
il jou recognize it as the man you call iSooth? A.I 
cannot see witliout my ghisres (glasses brought in and 
handed to witness i; I should not call it a pood likeness; 
I r; cngn'ze it as Booth, but like a very poor lilrcness. 

Q. Do you remember the last time Booth p'ayed in 
this city, about the ISih or2iith ol March, A. Yes. 

Q. Did these prisoners present you with compli- 
mi ntary tickets (or the play that night? A. Yes. I 
expressed a wish to see him, and O'Laughlin gave me 
the tickets. 

Q. Did there seem to be any difference in the Inti- 
macy of bis association with these two men, and if so. 
witii which was hethemost intimate? A. Ican'tsay. 
He would sometimes inquire (or one, and sometimes 
lor the other, though I think he more frequently in- 
quired lor O'Laughlin. 

Q. Did you oversee any arms in their room? A. I 
saw apinol once, and but once. 

Q. Do you remember at any time seeing a man call 
A ver.v rough lookin.g person— a laboring man or 
mechanic? A. Not a laboring man. Tliore was a man 
who used to come sometimes. I think he passed one 



TRIAL OF THE ASSASSINS AT WASHINGTON. 



night with them, from his coming out very early in 
the morning. 

Q. Do you Know his name? A. I would know him 
Iflsawliim; ho was what would be called a lesjiect- 
able-looking mechanic, not what you would call a 
gentleman. 

Q. Could you describe him at all? A. Not very mi- 
nutely; hisskin was hard, as if it had been exposed to 
the weatlier. 

Q. Do you recognize him as among the prisoners at 
the bar? A. Ko. 

Q, D;d the'e prisoners seem to have any business 
transa"tions with Booth, and U'fo, of what character? 
A. Thev said they were in the oil trade. 

Q. D d they seem to have an extensive correspon- 
dence? D;d"many letters come to them? A. Not a 
great many. 

Q. Where did they generally come from? A. I 
never noticed ; they were brought in and laid down. 

Q. Tluy were addressed to the names ot O'ljaughlin 
and Arnold, were tlie.v? A. Yes; sometimes to one 
andsometimes to the other. 

Q. You say Booth came sometimes by day andsome- 
times at night? A. Not frequently at niiriit; I do not 
know as rv( r I saw hiniat nitclit; he might have come 
thero without my seeing him; I slept in the back part of 
the house and ji" rsous miiiht come out the front part 
of the hou=e w ihoiit m\» seeing them. 

Q. Yo.i do not know" whether, when tlney went out 
and staved late at night, they were with Booth or not ? 
A. ^o, 

Q. You have not seen them since the time they left 
yourhou-i'? A. No. 

Q. Which was about the 20th of March? A. I think 
sn: it was the Monday after the Saturday on which 
Booth p'ayed. 

Q. Did you ever see Booth ride out in the evenings 
with these men? A. No, I do not think I ever did. I 
could net jiositively sav whether I did or not. He fre- 

?uentlycame to my liouse in a carriage aed inquired 
or them. I never saw them, that I recollect, ride out 
together. 

Cross-examined by Mr. Coxe.— Q. Did these prisoners 
Bay they were or had been in the oil busines.s? A. They 
said that they were in. 

Q, Wasthat during the first or latterparcof thetime 
the.v oc upied a room at your house? A. I think 
they had been tht-'e two or three weeks, 

Q. Did theysayanythingwhen they went away from 
yeur house, where they were going? A. To Pennsyl- 
vania. 

Q. Did thev say anvthing about having abandoned 
the oil business? A. No; not that I recollect. 

Q. Were they much in their rooms, or were they 
moving about? A. They were not in their room a 
great dea! 

Q. Did they occupy it regularly at night? A. They 
were out sometimes. 

Q. Do yoLi fi.x the 20th of March as the day they left? 
A. II you can ascertain what night Booth played I can 
tell you; it was the Monday following; 

Q. Was Pi-.vraj-a thei^lay? A. Yes. 

Q. You cannotspeak with certaintyofanvbodv being 
with them besides Booth? A. No, not anvbody tnat I 
know; others may have gone into their room, I could 
not say in regard to that. 

Q. I ask you whether Booth's visits were most fre- 
quent in February, or the latter part of the time they 
were there in March? A. I think they were pretty 
much the same all through thetime they were there; 
he was a pretty constant visitor. 

Q. Were you present at any conversations between 
them? A. No, I was not. 

Q. You never heard any of their conversations? A. 
No. 

Q. Did they room up stairs? A. No, in the back 
parlor. 
Testimony of Henry Williams (Colored). 

Q. State to the Court whether you are acnuainted 
with theprisonersOXaughlin and Arnold: look and 
see if yi u reruHniber to have seen thewi before? A. I 
know Mr. O'Laughlin, but not Mr. Arnold. 

Q. Dil you ever meet Mr. O'Laughlin, and where? 
A. In Baltimore. 

Q. \\' hen was that? A, In March last; I carried a 
letier to him. 

Q. From whom did you carry the letter to him? A. 
From Mr. Bo':th. 

Q. J :hn Wilkes Booth, the actor? A. Yessir. 

Q. Dd you carry the letter to him a'oue, or to him 
and Arnold? A. I carried one to Arnold and gave it 
to a lady, andshesaid she would give it to him. 

Mr. Coxe here said that unless this question was to 
be followed up lie would object to it. 

The objection of the counsel was overruled, and the 
examination proc'edpd. 

Q. S 1 you delivered It at the boarding hou^eofO'- 
Laugidin ? Did he tell you where O'Laughlin lived? 
A. He said on Exeter street. 

Q. But did you carry a letterto Arnold? A. No, sir, 
I carried one u'j there to the house; I did not know who 
it was for, myself. 

Q. Who irom? A. Mr. Booth gave it tome ; he first 
called me and asked me if I would take a letter down 
there: I didn't know for whom it was: ho first told 
me to carry it to the number that was ou the letter. 



Q. You carried morethan one? A. Two. 

Q: To whom did you deliver the second? A. To Mr 
O'Laughlin. 

Q. Do you know for whom it was? A. He told me it 
was for Mr. O'Laughlin; 1 knew Mr. O'Laughlin, and 
was glad when I saw him in the theatre, because it 
saved me night wa'kinot. 

Q. li'rr whom did O'Laughlin sav the letter was. A 
Well. I said here is a letter Mr. Booth gave me for you 
and that was nil. 

Q. Booth to!d\-ou then this letter was tor O'Laughlin' 

Mr. Cox here remarked again. T must object to this 
evilence, as it is not followed up as to what he did 
after the receipt. 

The Judge Advocate-General remarked that the 
obect Wissimplytoshowthe intimacy of those men 
by their correspondence. 

Mr. Cox said he objected to any evidence of Booth's 
sending a letter to any individual. It was simply an 
act of Booth's own, to which the defendant was not 
privy. 

The .Tudge Advocate-General then said that they did 
not offer the letter In evidence at all. but simply their 
correspondence with each other. The objection was 
fina'ly entered ui)on the record, butwas overruled by 
the Court. 

Q. When did I understand you to say this letter was 
carried ? A. it was in March. 

Q. Are you sure? A. Yes sir, in March last. 

Q. Late or early in March? A. About the middle of 
the month; I was coming along there near the mine- 
ralVater store, and he said, couldn't I take a note for 
him: I said I could; I had to go in front: he said forme 
to take the note and he would pav me; I asked him 
where, and he said to Fayette street. 

Q, You said something about the theatre; what 
theatre? A. The UoUiday Street Theatre. 

Q. You say you found O'Laughlin in the theatre; 
what part of the theatre? A. In the dress circle, in 
the afternoon. 

Q. How did you find him? A. I went up with Pitch, 
and found him there. 

Q. All you know about it is that you Just gave the 
note to him and came awav? A, Yes, sir. 

Q. When Booth gave you the other letter, that was 
not for O'Laughlin? A. No.sir; that was for a house in 
in Fayette Street. He just gave me the number of the 
house. 

Q. He did not tell you who it wa.'j addressed to? A. 
No, sir. 

Testimony of J. P. Early. 

.T. P. Early sworn. 

Q. Do you know the prisoners, O'Laughlin and Ar- 
nold? A. I know O'Laugbiln. 

Q. Have you been on the cars with them coming 
from Baltimore to this city? A. Yes, with O'Laughlin, 
on tho Thursday previous to the assassination. 

Q. Was Arnold on the cars? A, No sir, not to my 
knowledge at least. 

Q. That was the day previous to the assassination? 
A. Yes, Thursday, the night of the illumination. 

Q. Do you know where ho wont to stay after you ar- 
rived? A. There were four ot us, and when we stopped 
to get shaved between Third and Four-and-a-half 
streets, lie asked me to walk down as lar as the Na^ 
tional Hotel with him. 

Q. Did he take a room there? A. No sir, he did not. 

Q. Did you see him associate with Booth? A. No 
sir, I never saw Booth but once, and that was upon 
the sta<:e. 

Q Did he make an.y inquiry for Booth ? A. I did 
not hear him. 

Q. Did you see O'Laughlin during that day? A.I 
was Willi iiim the greater partof that day. 

Q. Where? A. Wo slept at the Mtjtropolitan that 
night, and then went to Welch's and had breakfast 
for Jour of US: as we were passing the National Hotel. 
I stopped to go to the water-closet; when I came out I 
met Mr. Henderson, who said he was waiting for Mr. 
O'Laughlin, who had gone up stairs to see Booth: wo 
waited three-quarters of an hour, and he not coming 
down, we went out. 

Q. When did you see him again ? A. About four 
o'clock. 

Q. What time did he go to see Booth? A. I should 
sav it was about noon, perhaps. 

Q. What was the latest hour at which you saw him 
on Friday? A. I don't recollect exactly: I had been 
been drinking considerably, but I distinctly recollect 
I saw Inm come out of a restaurant pretty late; I can't 
any whether it was after the assassination. 

Q. Can you give the name of the restaurant? A. I 
believe the name, at present, is "Lee Shore." 

Q. Did you see him at the time or immediately after 
you heard of the assassination of the President? A. I 
can't say I did; I went to bed shorr'y alter that; I think 
I distinctly recollect his coming o\-t with Fowler. 

Q. Who is Fowler? A. I don't know exactly; he 
used to be emplo.yed by O'Laughlin's brother once. 
Q. Did O'Laughlin go to Baltimore the next dajr? 
A. Yes. on the three or half-past three o'clock train; I 
forget which it is. 

Q. Where did he go to in Baltimore? A. Well, after 
we arrived we went down Baltimore street, as far as 
High, down to Fayette, and. from tUei-ewewent and 



34 



TRIAL OF THE ASSASSINS AT WASHINGTON. 



Bskefl to spe ft pentlenian's wife who was lyinjj here 
sick in War.liiiiKton; ami then wocanio clown anil went 
toO'Lausl)lin's; Rninp; down, we met lis brotlicr on 
the wav, who told tJ'Laushliu tliut there had been par- 
ties looking,' lor him: he asked mo if I would wail, ami 
then he asked me in; lio then went up, and said he 
WHS not KOiiiET to Slav home that niRbt. 

Q JJid hHsliow m'ucli exiMienient about the assa-^si- 
natinn? A. I can't sar he did, but his brother said he 
would be after him on aceount of his intimat-y wiili 
Booth. . , 

Cross-examination bv Jfr. Cox.-Q. Who was with 
OXaii«hliu besides yoiirselT? A. Thei* wa-s ireudeison, 
Edward Murphv and nivsolf 

U. What was vonr purjiose in cominR down? A. W e 
came to have a"Uttle good time, and to see the illumi- 
nation. . 

Q. Bid he join you in Baltimore? A. lie came with 
Henderson. 

Q. Wlieredid you stay on Thursday nisht? A. At 
th« National Hotel. IJendersoii, me and Smith stoiipeil 
in one room, and as o'Lauk'hhn signed the register last 
they Kavi; him a room to himself. 

Q. Who arraii;ieil to sleep seinirately ? A.Weil, he 
was the man who signed la-st, and the cleric gave him 
that room. 

y. Ilow late were you up that night ? A. It was 
abnut 2 o'clock on Friday mornin?. 

Q. Was it you who woice him in the morning? A. 
Yes, sir, anil th'-n we went down and k'Ot breakfast. 

Q. Where? A. At Welfh's, on the avenue, near 
Tenth street, and alter breakfast we went back, about 
lu o'clock, to the National Ilotel. 

Q. Did you hear liimKlatewhat he was goin? to see 
Booth for. or that he was going tu see Booth at all 7 A. 
I\o sir. not at that time. 

Q. Did Buolh come down? A. lie did not. 

Q. You don't know whether he ai'tually saw Booth 
or not? A. I donotjSir: weremaiiiedin theliotel tlireo- 
quarters of an hour waitiiifr for him. and he not com- 
ing down, Henderson coucluded to go, but as we went 
out he had s.ime cards written by the card-uriler 
there: we walked down the av^'iuie,! think.us faras 
the •' Lee Shore." and he not being there we went back 
and got the cards that the writer had written lor Hen- 
derson; he wrote my name on a sp.mplccard; we then 
proposed to send card.^ to Booth's room as a hint to 
O'Laiighlin to come down: the cards were returned, 
as there was nobody in the room. 

Q. How long during that day wasO'I.anshlin in your 
company ? A. We took a stroll around the city, in dif- 
lerent parts of it, an4 had diniiur again at Welch's. 

Q. Did you stroll around tOitether? A. Yes sir. . 

Q. Yfiu dine'l at Welch's? A. Yes sir. 

Q. At what hour? A. Between twelve and two. 

Q. T)o you know Stern's clothing store? A. Yes sir. 

Q. Was it over that? A. No sir. 1 think it was fur- 
ther up the avenue. 

U. What time did you get through dinner? A. It 
took lis over an hour. 

Q. Where did y(.>u go after dinner? A. Around town 
again, and we went on a visit. 

Q. Was (J'Laughlin with you all the time? A. I can't 
say he was after dinner, biit f recollect that botweeii 
four and live o'clock he went with me to a irieud s 
house. 

Q. To pay a visit? A. Yes sir; and wo had dinner a 
second time. 

Q. That was on Friday? A. Yes sir. 

Q How soon did you leave there? A. We left there 
about i; o'clock. 

Q. Yon are not certain that O'fjaughlin was with 
you all the afternoon? You (Inn't suiipose he was with 
you between the lirst and second dinners? A. lam 
not positive; I think we separale<', o'Laughlin and 
Henderson going one way, and Michael aud myself 
another. 

Q. Vou are not certain? A. No sir, 

Q. After C o'clock where did .vou go? A. After we 
came ufi from the place near the Baltimore depot, 
where we had paid the visit, we returned to the J,ee 
Shore House, and were then joined by the other two. 

Q. How late was that? A. 1 don't exucll.y recollect. 
We stayed around thereuntil between 7 and .So'cloek, 
Rnd then went back to Welch's and had supper. We 
werellureat the time the procession passed up the 
avenue lo tb(^ Navy Yard. 

Q. What time was that? A. Between eight and nine 
o'clock. 

Q. How late did yon stay there? A. Until o'.irsupper 
was ready: wc; then went t > the r.,r'e Shore House. 

Cl. Uld you stay there till you went to bed? A. I did. 
sir. 

CJ. Do I understand you to say you were there after 
the a,ssa.ssination? A. Yes sir. 

Q. Where is the house? A. Between Third and Fonr- 
oiid-a-halfstreets, near the '.'(o&eollice; Iheseconddoor 
J believ.' frem the (;(o6'^o(llce. 

(■i. Did yon speak to O'l/anchlin when he wasincom- 
paii.v w ith l''owler? A. Yes sir. 
Q. Was not that after you received the news of the 

aasassination? A. I am not certain. 
Q. Were you all there? A. Ycssir. 
Q. Where did you stay that night? A. I staid at 

that house. 
Q. Did O'lAUghliu? A, j^^ot that I know of. 



Q. Had .vou been drinkincr? A. Yes sir. 
U- Now c'large .vour memory whether it was after 
the news or'thc assassination reached you or not? A. 
I sh'Uild.iudgoit was about luo'clock. 

Q. Where was Murphy? A. He had left ua in tho 
avenue. 
Q. He was not with .^-ou at that time? A. No sir. 
Q. Where was Henders&n? A. In tho bar-room, I 
bcheve. 

<i. Now I will ask you when you came down on 
Thursday, whether tho whol:>parfy had not arrangtd 
tojco back on Friday? A. Yes, that was the intention: 
at leu'<t 1 understood so. 

Q. DuriiiLTthis visit did you seeanythina- in O'Laugli- 
lin— anything desperate, which woiild lead you to sup- 
pose 

Objected to by the Assistant Judge Advocate Brig- 
ham . 

Q. now was hi!i conduct? A. Tho same as I ever 
saw; he was rather jovial. 

Q. Was ho in good spirits? A. Very much so, com- 
ing down to the Cars. 
Q. Any nervousness? A. No sir. 
Q. Iw;llaskyoii whether yon were near Willard'g 
Hotel during Friday, or Friday evening ? A. We were 
not as lamp us Wiilards, I think; 1 done recollect 
pa-^sii'.g tlie.e. 

Q. V.'hat in luced you to stay later than you in- 
tend! d ? A. Well, it was the liquor. 
Q. Didn't Fieutenant Henderson press you to stay? 
The- (|Uesliiin wa.s objected lo by tt.s~istant Judge 
Advoeate Bingham, on ti.e ground that it was a cross- 
ex tiiiination as to Henderson, whose name was not 
on the re:-o:d .vet. 

MajorGeneral Lew Wallace remarked that Mr. 
Henderson himselfeould be brought iiii.o C: urt. 

The Court asked IMr.C'o.xif the question was with- 
drawn, to which Sir. C'o.x replied— No, sir. 
TliC object.oii, however, was sustained by the Court. 
-Q. You stated that probably the liquor kept you 
the:e. Now I will ask yuu if anything else did? A.I 
cannot ,sa.v. 

U. State what time you went up to the depot in the 
mnriiiiig? A. We did start to go at eleven on Satur- 
day morning, and went as far as the depot, and Hender- 
son went and got the tickets, but Henderson finally con- 
cluded to stay over the afternoon; O'Laughlin waa 
wanlingtogo up to I'aUimuro, and said I to Hender- 
son, if you press him t) stay, he will, andso we all 
concluded lo stay until three"in the evening. 

Q. Then you went up at three in the evening? A. 
Yea sir. 

Q. You say you met his brother, and that he said 
parties were looicing lor him? A. Yes, I remember 
the remark he fiade, that be would not like to be ar- 
resti d in her house; tiiat itwoulil be the death of his 
uio'ilier: his brotner-in-law weiit,w!th us to the corner 
of l''ayetteaiid J'^xeler streets; we stopped tliere and 
had a conversation, and 1 told him he had better stay 
atliomc, aud that those parties would probably coma 
a.;ain. He sa d:— I^o. it would be the death" of hl.^ 
mother, and as::ed mo togo up town with him. and I 
went up. but I do not recollect the name of tl»o street; 
we got into the cars, aud when we gut out we returned 
home. 

Examination in Cbief nesunicd. 
By Judge Holt:— Q. Do you know the hour that 
O'Luuiihlm joined you on Thursday? A. We all four 
weiii«n)to the hotel togetlier. 
Q. At what hour? A. About one or two o'clock. 
U. On Friday morning? A. Yes. 
Ci. Where had you been tho previous part of the 
niu'hl? A. Alter supper we wont to see the illumina- 
tions, and went a considerable disfuiceup the avenue, 
and then turned back, and, at the invitation of Mr. 
llenoer.-^on, went into the Canterbury Music Hall. 
Q. Allofyou? A. Allofns. 
Q. Did .v(ju all continue together? A. Yes sir. 
Ci. Did you uo iny where else? A. No sir. 
Q. Didn't you go on K street or L street? A. No sin I 
can't say; I don't know where that street is myself. 

U. ( an you state where you were besides at "the Can- 
terburv?' jV. Aiierwards? 

Q. No; beiure that. A. We had supper previous to 
that and took a walk up tlie avenue. 
'i'osJsmojiy of ]..Jioiiton:i:it. HeinJorson. 
Q. St;ite whetlier you are acquainted with the pri- 
soner < I'Lattghlin? A. Vis.sjr, 

Q. Iiid you .';e(> liiin in tiiis city on Friday, Aptil 14th? 
A. Y(s sir. on '1 hursday and Friday. 

Q. Do you knov/ whetlu r on either of those days he 
visited Booth? A. He told me on Friday that ho Wius 
to secbim iii the morning. 

Cros.>e.'5aininatioii by Mr. Cox.— Q. Did ho tell you 
he was to see l.ini, or that ho went to see him? A. Hq 
said he wa.s lo see hiai on Friday. 

Q. As if he had an engagement to see him? A. He 
only said he was lo see him; 1 can't say whether ho 
had an engagement or not. 
Q. Did ho tell you what for? A. No sir. 
Q. That is all you know about it? A. That is all, sir. 

Testimony of Sainnel K. J. filvcfSfS' 
Q. Einlain to the Court how long you have known 
U' LaUahliu? A. 1 have known him lor years. 



TRIAL OF THE ASSASSINS AT WASHINGTON. 



35 



Q. Did vou see tiira in tUo montli of April last before 
the as^iassinat.oll? A. I ciiu't be iiosiLive about its 
beinij April, but ii was well on to the 1st ol April. 

Q. Did vou see liiiu wiib Booth? A. I did 

Q. BS) tlu! association between them seem to be of 
an intii^nale nature? A. Itilid. 

Q. Did you sL-e tiiem converse in an intimate man- 
ner? A. fdid. 

Q. Where w.i.s that? A. I don't know the house; it 
was on thori;ht baud side of the avenue as you go up 
\Q l,heTreasurv Department. 

Q. Inside? A. No, outside. 

Q. Were they alone by themselves? A. There were 
throe of tUe p.irty. 

Q. Did the tliird party take anj' part in the conver- 
sation? A. I think Dooth was the speaker, and the 
other );arty tlfe lisienr. 

Q. Did they .suspend their conversation wh'^n you 
approached? A. O'liauRlilin did. Uo called me on 
one side and said Buoth was busy with tils friend talk- 
UiK privately. 

Q. Do yon know this man? A. No sir. 

Q. Descrlb;! liim. A. lie was about my height, with 
curly hair: he was in a ^Hoping position, as it' talking 
to Booth; I thought it ill manners to go too near tliem. 

Q. Do you recognize any of the pri.soners as being the 
man ? 

Tiio witness scrutinized the prisoners in the dock, 
andauswcrid;— 

In tiirir iiroseut dress. I wouId"nt swear to any. 

Tho q u'stiou was objected to, and the objection was 
sustained. 

Q. Have you any o;inion as to whether'either of 
thesei'< the man? A. I feel it my duty to detect the 
ni; n, but it is a de.icate questlou. No sir, i wi.'l not 
swear that the man is there. 

Q. iStatewhether\ouarethe person reported tohave 
Bee;i Booth and Harold on the night of llie ; s assinii- 
tion? A. I don't know Harold, and I neversavv Buoth 
but once after that. 

Cross-e.xaniination by Mr. Cox.— Q. Ytiisay you saw 
thisconiejenie at thchouscon the avenu •? (an you 
toll wliere the hous.:? is? A. I i)aid no attention to the 
locality; it is lieiween Ninth and Eleveruh streets, to 
the best of my recollection; I know I was going up to 
■Eleve.ith street. 

Q. Can you speak with any certainty as to the date? 
A. icouid if I had the passes that 1 obtained. Tlien I 
could c^iue nigh to it; but I can't now say positively as 
to the date. "• 

Q. Jlitiht it not have been that you asked O'Laiigh- 
lin to take a drink, and he have replied llu.t Duolh 
■wa-s busy v^'ith a iriend? A. Well, I am in no ways 
stingy: I miglit have done so. 

Q. And wnat was Ids .in'^wer in reply to your invi- 
tation to take a drink? A. I don't know. 

'FestanioEsy of I>. H. Sprag-ne. 

By .Tudge Holt.— Q. Vou have been a clerk at the 
Kirkwood House? A. YrS sir. 

ti. Were you juesent when the room was broken 
cpen.alter the assassination? A. Yes sir. 

Q. ytate what was iound there? A. All I saw was a 
revolver. 

Q,. Do you recol lectthat in thecourseof the day some 
men called to inquire lor Atzerolh? A. No sir, I do 
not. 

Cross-examination by Mr. Dostor.— Q. When were 
you at the desk? A. I came otf auty at 12 in the moru- 
ing. 

Q. Did you observe anybody calling and asking for 
Atzeroth? A. No sir. 

'rostimojiy of navj«l StnnJon. 

Q. Look upon the prisoner, O'Laughlin. and ■ tate to 
the Court wnether you ever saw him beloro, and if so. 
When and where. A. I have seen iiim. 

Q. Which ishe? A. That is him; he sits there be- 
tween two soldiers. 

y. .Stale wlien and where you saw Iiim? A. The 
nigiit be ore the assassination: at the lio'isi-'of the Sec- 
re. ary of War; I simply saw him there; ho remained 
ioaie moments, till I requested iiim toiioout. 

Ci. Did you have any convor.'ation witli him in the 
■house? A. i a^ki'd him what his busine.ss wtts. and he 
ftski.-d where the Secretary wa-s; I said he was standing 
on the stoop. 

ti, Dkl Ue ask lor anybody eslse but the Secretary? A. 
?»o. 

Q. Did he offer any explanation while there? A. No; 
attirsti thou:.,'!ilhe was inioxicated; but lound after- 
wards 1 liat lift was not. 

tt. Was General (jrant there that night ? A. Yes, in 
the room. 

Q. Did lie ask in regard to him ? A. I don't recol- 
lect that he did. 

Q. Did he go when you told him ? A. Yes, sir. 
. Q. At wliat hour was that ? A. At lu>io'clocii; there 
was a crowd there, and a band thero serenading Uen. 
Grant and the Secretary of War. 

Q. Do you know anything of a man being seen 
Iprking about the premises? A. No sir, it was eleven 
6'Clock before I got there: his inquiry was simply 
where the Secretary of War was; I pointed him out to 
him. but he did not go to see him, nor did he toll what 
his mesiiage was. 

J 



Cross-e.x.imined by INIr. Cox-Q. Was that the first 
time yon h.iw this man? A. Yes. 

Q. Have you never seen hinisince^ A. Yes, on the 
JUunUivl:. as a prii-oiicr. 

.Q. How long alter was that? A. T don't remember 
the date, hut itwius the dav they took Booth's body 
away from the vessel 

Q. Was it aark or licht? A. Not very dark. 

Q. Moonlight? A. No sir, dark. 

Q How was he dressed? A. Ju black. 

Q. \\'hatkii!dofliatliadhe? A. Aslouchcd hat. 

Q Did helinvea wliolosuii ol blaek? .V. Yes sir. 

Q. Wha: kind of a coat? A. A dress coat. 

Ci. Was his vest hLtek? A. Yes sir. 

Q. Where dot s the Seci-etarv live? A. On the corner 
of Jourteenth and K: the second house from the cor- 
ner of yonrteenth. 

Q. V\'hi;t peculiarity about the man enabled vou to 
ideiitily hiui? A. The hall was well lit up. and I was 
dirocUy in iront of him. 

Q, How f r inside the door were you? A. About ten 
feet, ni xt til il;e library (loi r. 

Q. What do you sappose hii size was, standing in the 
hall? A. Ahotit my height; lour leet live, or hvefeeJt 
lour I should .say. 

Q. When you saw him on the monitor was be stand- 
ing or sitting? A. He sCood up; 1 h;:d an iiidistinot 
view of him on the monitor, it was so dari;. 

Q. You at first thought hi.^ was intoxicated, and then 
that he w-<is not? A. Yes .sir. 

Q. There were a good many people in front of the 
door. A. Yes sir. 

Q. Was there any one else about the hall? A. No sir. 

Q. Wl:0 was on tiie dom-sifp? A. The Heerctary 
and another gentleman were on the door-step. 

Q. He had got behind them? A. Yes sir. 

Q. Was General Grant in the iiiu-lor? A. Yes sir. 

Ci. Wa.slhiitlit up? A Yes sir. 

Q. Did h(! have the same beard as he has now? A. 
I see no cliange e.\eept Ireiii the want of shaving. 
Testtmosiy o.f Mn*. O. 1\ !l<>!i<l. 

Q. Statewhether you were acquainted with Mr. John 
N. (-^urratt, in this City. A. I had no piMSonal acquain- 
tance with liim. 

Q. Do >'ou know him when you .see hini? A. Yes sir. 

Ci. When did you last see him? A. On the I4th of 
April, thenight of theassa.,sination. 

(4. In this city? A. Veisir. 

ti. Wheiedid you see him then ? A. Ho was stand- 
in.g on the street below the National, when he passed; 
it was about 2',. o'c:ock. * 

Q. Was he al on.'? A. Ye.s sir. : 

Q. Do you remember how he was dressed? A. Yea 
sir; in a country cloth suit, varied in te.<turo and apr 
H^ar;inco; it was genteely got up; he had a rouud 
crowned hat: I noticed his spurs us he pas.-;ed me par- 
tieularly; he had on apairoi' new bras.^-plated spurs, 
with 11 very large rowel. 

Q. He w.ison foot was he? A. Yes, sir. 

Q. Wiiat did .vou say was thccolor of his clothes. A. 
Thev were drab. 

C!." Did you speak to him? A. I bowed to him as he 
pa'iscd. 

Q. Yon stated you knevif him quite awhile? A. I 
knew hrm when a child: he had .uruwu pretty much 
(lut of my recollection; still I knew him when I saw 
hini. 

U. You have no doubt you saw him on that day? A. 
I am verv pos'tive I saw him. 

Cross-e'xaminatinn by Mr. Aiken.— Q,. How long have 
you known Surratt? A. Icouid not state positively; 
"th-e lengili oi lime. „ . , ' 

Q. Dave von been in the habit of seemg him fre- 
quently during the past year ? A. I cannot say that I 

y. When did vou see him ? A. I cou'd not say posi- 
tively: I think "l saw him some time last lall. I thinlB 
in October. ' . „ ,. , ^ 

Q, Describe his appearance? A. He wasa light-com.- 
plectedmaii; his hiiir w:is rather ^in','uhlr lik't; it is not 
red nor burned, but rather .s;iiidy; it was cut rouud so 
as to lay it low down on his collai'. 

Q Did he wear anv whiskers when you hist sa-w 
him? A. I don't recollect seeing any hair on his lace 
al all: if he had any, itwas very light. 

Q, Did von see anythln-j: ufa goatee or nioustaclie on 
him? A." No; 1 did net notice his (ai'O so much: X wua 
moreat'ract.'d bv the clothes he had en. . 

Q. Wliatdo yon mean by drab or grey clothes? A. I 
mean reL;ular country cloth. 

Q Do I understand you to say you wore standing on 
the steps of the National Hotel? A. No, as il was two 
doors below. , „ 

Q. You hadnio talk with him? A. No sir. 

Q. Can you swiar positively it was Surratt? A. I 
may be mistaken, but 1 am as certain it was he as that 
I am standing here. . , ,„ . ^ .^ » 

Q. Whatis tlieBt.ateofhis (orehead? A. Icouid no} 
say. He had his hat on. My attention was attracted 
tohi.s clothes and spurs. 

Q You observed t!ie clothes and the rowel mor* 
than hi.=i lace? A. I oan't Say my attention dwelt upon 
his lace at ail. , ^ , ■ . • i*. 

Q How Uu-gc a man is he; I dont mean his height f 
A. idle isuot a stout mau, but rather delicate: ho would 



36 



TRIAL OF THE ASSASSINS AT WASHINGTON. 



not weisrh over one hundred and forty pounds: he 
%vulk'= :i !!tt:ostro':ed. . ^. „ . 

Q. How loner did you have your eyes nnon him ? A. 
I saw him as he piussed. and I turned and looked. 
Q. Di'l vo'i see liim atain during the clay ? A. Nosir. 
By Judge Huit— Q. Did Surratt recognize you? A. 
no'bowed to me as l;e pa.'-sed. . 

y. You say vou gave a particular attention to his 
clothin.:,'. Are"you in the liabit of jud-jcing of these 
things? A. Yes, sir: I maL:e them myselt. 

Testitnoiiy of James W. Potsiephrey. 
Q. You reside in Washington? A. I do. 
Q. Wiiat i.s vour l)usiiie;s? A. I keep a livery stable. 
Q, Areyou acquainted with Booth? A. I was sir. 
ti. Do vou remember to have seen him on Fr.day, 
April 14:Vi? A. Yes sir: he came to my stable abuut 
twelve o'clock and again at fouro'cloc;<; lie .said he 
wanted a hor.se at four o'clock on tl at day; he wanted 
a sorrel that he used to ride, but I euuld not let hJm 
have it, and I gave him a bay mare about thirteen or 
fourteen hands high. 

Q. Was it returned to you? A. I have never seen 
her sine '. 

Q. IKscribe the mare. A. She was a small mare; a 
little rub. ed behind: sne was a blood-bay, black tall, 
with a little star on her lorehead. 

Q. Was he in the habit of liiring horses from you? 
A. Yes; he iirst came in company with Surratl; he 
asked me if I was the proprietor, and I said yes; he 
wanted a horse; says I, -'yoii will either have to 
give me reference or security; I don't know yon; 
-well." says he, "you have read about me;" "•well," 
savs I. "who areyou, if I have read about you?'' He 
said he was John'Wili:es Booth; Isaid I didn't know 
whetlier ho was John Wilkes Ho )th. and Surr.itt .spoke 
up and said, "this is John Wilkes Booth," and 1 let 
him nave ilie hnrse. 

Q. Ilowlon.? was this before the assassination? A. 
One month or si.x weeks. 

Q. Look at that photograph, do you recognize it? A. 
That i=i the man, sir. 

Q. Ijid lie ask for anything else? A. Only a tie-rein; 
I told him not to hitcii her by the bridle, but to get a 
boy to ho'.d her ifheshould happen to stop; he said he 
was goin;; t )Cirover';s T.ieatr.^ to write a letter, and he 
would put her in astable back of that; r told him if he 
could'nt got abo.v. hecould get a bootblack; he said he 
wasgo.iigt J take a pleasure ride, and asked "How is 
Chryslal .Springs?" X told him it was a good place, but 
rather airy to go to. 

Q. Tliat was between four and five o'clock. A. Yes, 
I have never seen Booth since. 

Q. Do .vou know any ol the other prisoners? A. No; 
I don t knowany of them at all. 

Crosi-examined by Mr. Aiken.— Q. 'U'as Surratt wifc 
Booth? A. Yes, sir. tl.e first time I saw him; henever 
came with anyhod.v else. 

Q. When was that? A. Six weeks before the assas- 
sination. 

Q. He was not with him on the Friday ? A. No ; 
Booth was always a'.oue alter that. 

Q. What ki;id of a looking man was Surratt ? A. He 
was about live met, ten or eleven inches; l.aJ sandy 
hair and a light goatee ; his eyes were sunken ; he was 
thin in feature. 

Q. How was he dressed ? A. He had on a grev shirt, 
I thini-:; I am not certain. 

Q. AH the remarks he made was that one iu rerer- 
ence lo Bo itU ? A. That was all, sir. 

Q. Did Booth ever refer to his introduction by Sur- 
ratt ? A. Not at all, sir. 

Testimony of Rnfas Stables. 
Rufiis Stables sworn.— Q. Do you live in Washing- 
ton city ? A. \ es sir. 

Q. W'hatisyour business? A. I keep livery stable 
only. 

y. .state whether you were acquainted with Booth'? 
A. "iCs sir. 
Q. Also with Surratt? A. Yes sir. 
Q Also w, til Atzcnjth? A. Yes sir. 
Q. Did you see them together ai your stable? A. Yes, 
freqnently. 

Q. During what month? A. Down to about the 21st 
or 2'J\h(>t At>ril. 
Q. March you mean? A. Yes sir, March. 
tl. Were they unusually intimate? A. They would 
come together three or lour times a day sometime^. 
Q. Did they keep horses there? A. Surratt kept two. 
Ci. Did be allow Atzeroth to use his horses? A. No 
Bir, he rode out occasionally with him. • 

Q. Did you ever see this note, "Mr. Howard will 
please let At;:eroth have my horses and also my gloves 
whenever he w.shes to ride?" 

Q. Who is Mr. Howard? A. He is the proprietor of 
the stable. 

Q. Do you know whether under that order he rode 
Surratt's iior.se.' A. Several times; but after that date 
I think the order was rescinded. 

Q. Look at that paper, and see if yon can identifv it 

In any way? A. I know this note; it came through mv 

band:. = .) 

Q. How did the note reach the hands of Howard? A. 

It was Sent by Mr. Surratt, and I put it on lile. 

Q. Did you let the horse go, accordingly? A. Yes sir. 



Q. Do you remember what Atzeroth said in regard 
to Surratt's visit to Richmond? Diti he speak to you of 
his having been there, or of an3' trouble he was in- 
volved in in consequence? A. Hetold me ho had been 
to Richmond and coming back got into diiiicnlJy, and 
that t'ae detectives were alter him. 

Q. Do you remember what time that was in April? 
A. In the earl.v jjart. 

Q. Did Atzeroth himself hire horses of you? A. No 
sir. I think not at that stable. 

Q. Did he, or did he not take away a horse blind of 
an eye? A. Yes: under the owner's order.s. 

CJ. Who was the owner?* A. Surratt. 

Ci. When did he take that horse away? A. On the 
31st; it was paid for on the 2!)th. 

Q. Descri! e the animals taken ? A. They were both 
bay: one was darker than the other; the one that waa 
blind of one eye was the smaller horse. 

Q. Were you paid for keeping them? A. Yes; Booth 
paid their keep. 

Q. Did you .-ee the horse afterwards? A. Yes; at the 
stable; he took him there to sell him to Mr. Howard. 

Q. Who. At/.oro;!i? A. Yes; and he took him away. 

Q. Who claimed the horses? A. Surratt: Surratt 
chdmed them. Booth paiiiior their keep.ug. and Atze- 
roth took them away: there was another gentlemaa 
who came and rode with one of them awaj'. 

Q. Who was he? A. I don't know. 

Ci. Do you think you would recognize the horse that 
was blind of one eye, if you were to see him? A. Yes 
sir. 

The Assistant Judge Advocate then ordered that the 
witness be taken in an ambulance to see the horse of 
Niiiteenth and I streets ; the Judge Advocate-General 
remarking that they wished to examiue him further 
wheu he returned. 

Testimony of Peter FJatterkelt. 

Peter Flatterkelt, sworn— By Judge Holt— Q. Please 
state to the Court whether you knew J. Wilkes Booth. 
A. Yes. 

Q. What is your business? A. I keep a restaurant 
near l-'ord's Tiieaire. 

U. Slate whether or not you saw Booth in your 
rejiaarant on the evening oi the I4th of April. A. 
Yes; he was there just about ten, or a little after, that 
night. 

ti. .State what occurred, and under what circumstan- 
ces you saw him? A. He just walked into the bar, 
and called for some wiiisky; i handed him thebottleof 
whisky and a tumbler: I did notgive him water at 
once, as is usual; he called for watei-, and I gave it to 
him: he put some money on the counter, and went 
ri.;lit out. 

Q. Was your restaurant under Ford's Theatre? A. 
It is on this side of Ford's Theatre, adjoining it. 

Q. Did you.observe where he went from there? A. I 
only observed him to go out from the bar. 

Q. Was he alone? A. Yes, sir. 

Q. Was he there in the afternoon ? A. I did not sea 
him. 

Q. How many minutes was it after he went out be- 
fore you heard the report of a pistol? A. I did not 
hear the report of a pistol. 

Q. How long before you heard the President was as- 
sassinated? A. I think from eignt to ten minutes, as 
uear as I can come at it. 

Q. Are you acquainted with the prisoner Harold? A. 
Yes sir. 

Q. When did you see him? A. I saw him either the 
night of the murder or the night previous to that; he 
came into my place: I was behind tlie bar, and he 
askod meif John Booth had been therethal aiternoon; 

1 t >ld him I had not b.'Gu the:'! myself all that alter- 

nnun; lieaskedii'I had not seen liim, and I said no; 
he then went right out. 
cross-examined b.v Mr. Stone.— Q. You cannot fax 

distinctly whether this was on Thursday or Friday? 

A. I cannot. 

Q. Were there not two other gentlemen with Har- 
old the evening he came to your place? A. I did not 

SL'C them. 
Q. Did he come alone? A. I think he came alone; 

there mav have been some one outside of the restau- 
rant, but I did not see any one come in. 
t^. How long have you known Harold? A. Ever 

since he was a no.v. 
Q. What time in the evening did you see him on 

this occasion? A. I judge it must have been between 

six and seven o'clock, as near as I can recollect. 

Testianony of Jatmes 51. I>ye. 

Sergeant James M. Dye sworn —By Jud'ie Holt. Q. 
State whetiier or not on the evoning of the 14th of 
Apr.l last, 5-ou were standing in I'rontof Ford's Thea- 
tre, and if so, at what time? A. I was sitting in front 
of Ford's Theatre about half-past nine on that night. 

Q. Slate wi:eiher or not you observed sovcr.U per- 
sons who^e apiiearance excited your suspicions, con- 
lerring together on the pavement in front of the thea- 
tre. A. Yes sir. 

Q. D'.'Scribo their appearance and what they did. 
A. The Iirst that attracted my noiice was an elegantly 
dressed gentleman that came out of the passage 
and commenced conversing with a rough looking 
party; then there was another joined them and the 



TRIAL OF THE ASSASSINS AT WASHINGTOK 



thrpe com-erspd togetbpr; after they had conversed a 
Willie ami it was drawing near tlie end of tlio second 
act, the wpil dressed one, who apiieared to b:^ the 
leader, said;— "I tliiulv lie will como out now,"' re- 
tferrintr, X supposed, to the President. 

Q. Was the Prrs.denl'scarrli'ge standing there?. A. 
Yes; tho.v waited awhile, and several v.eni emon came 
down iin'd went into tho saloon helo.v a id had clrinL's; 
thenn tcrthey w-^nt up the best dres-ed ecui icman 
stepped int) tnoBaloon and waited long enou^?h to take 
adnnk. Ilo came out in a style .is tl)i>n;li lie was be- 
CD.uingin uxicated and stepped up and whimpered to 
til Tou^iie tl'Ok n!T one of the three, and wont into 
the passage ih.it leads irom thos;a:.'o to tae street. 

Then the snial!e;t one stopped uj) just astlio well- 
dressed one apj.eared again and calie 1 out the time. 
Hostarted up the street, and remained awhile, and 
came down arain, and ailed the tiino a'lain. Then I- 
began to think tiierec was somelhin;^ wronc;. Pre 
sently he wont up and called the time a'lain. louder 
than b • ore. I think it. was ten minutes after ten. 

Q. He was anuounciug it to them all, was he not? 
A. Yes sir. Thea he started at a last walk up the 
Street; the best dressed one then then wont inside the 
thealre. I started forii saloon, and had just t me to 
get d ,wn to it and order oystei-s. when a man came 
running in and said the President was shot. 

Q. Do yo J recognize the well dressed person from the 
photograph I now show you? (Photograph of I5notli 
shown witness.) A. That is the m;'.n; his moustache 
■was heavier and his beard longer though. 

Q. IJ 1 you recognize his features? A. Yes; that is 
the man. 

Q. Which restaurant did the well-dressed man go 
Into? A. Into the restaurant just below the thealre 
towards tlie Avenue. 

Q. Did nego in therealone? A. Yea. 

Q. Iwish ynu to give, if you can, a more particular 
description of this rough lookiu'? man; what was his 
size: wliat gave hiai the rullianly aopearaueo j-ou 
spokeof; was it his dreis? A. He was not as well 
dressed as therestof them. 

Q. Was he shabbily or dirtily dressed? A. His clothes 
were more worn and shabb.v. 
■ Q. Washea stout man? A. Yes. rather. 

Q. Which way did he go? A. He remained at the 
passage, while the other one started up the street. 

Q. Tiioliine was aunounedto these other two men, 
throe times, waa it? A. Ye.s s r. 

Q. Did lie immediately go into the theatre after an- 
nouncingthe time on the last occasion? A. Yessir. 

Q,. Will you look at the jiersons, an i see wheher you 
recogjiize any of them as persons you saw on tliat 
ooca-ion? A. If that man <pointiug to Spangler) h:.ci 
a moustache, he has exactly the apjiearanee of the 
rough looking man standing at the end of the passage. 
It w.a.s ra; iier dark, and I could not see him dibtiuetiy; 
but ho had a moustache. 

Q. Yo 1 state that the last call was made ten minutes 
after ten. Can you state wiien tlie otiier calls were 
made? A. They were all made between half past nine 
and ten minutes past ten. 

Q. Do you think you recosnize either of the other 
persons liere as amoug theones yon ]:ave mentioned? 
A. No. the third one was a very neat geutlemau, well 
dressed, and with a moustache. 

Q. You do notsee himlieve? No sir; he was better 
dressed tlian any one I see here: Be wore one of those 
fashionable hats they were in Washington, with round 
tops and stiff brims. 

U. Can you describe his dress in color? A. No not 
exactly. 

Q. IIow was he in regard to his size? A. Not very 
large; about live I'eet six inches high. 

Q. And yen have never seen that man before or 
since? A. No, never. 

Q. Do yon remember now the color of his clothes? 
A. His coat was a kind of a dead color; his hat was 
black. 

Q. Did you observe these men whether any of them 
hadspurson? A. I did not observe that. 

Examinedby Wr. Ewiug.— Q. Howiongdid von ob- 
serve the slouchy man? A. While I was siaiiV-c there 
until I left; I was there fr(jni twentv-five miuules or 
half-a ter nine till the last time was called. 

Q. Was the slouchy man there during the whole of 
that time? A. He remained at the passage during the 
whole of tliat lime. 

Q. Will you please describe the several articles of 
dress as nearly as you cau? A. I cannot particularly; 
it was so dark. 

Q. Could you see his countenance? A. Yes. 

Q. Could you see the color of his eyes? A. I did not 
observe that. 

Q. Didyou.notice thecolorof hismoustache? A. His 
moustache was black, 

Q. Did you observe the color of his hair? A. No. I 
did not; he remained in one position. 

Q. What kindofahathadhe? A. A slouch hat, that 
had been worn some time. 

Q. Had he an overcoat? A. Idid not observe. 

Q. Did you notice anything as to the cohir of his 
coat ? A. I did not; I witnessed the well-dressed man 
whispering to him. 

-Q. Where did he stand ? A. Right at the end of the 
passage cu the pavement. 



Q. Near the President's carriage ? A. No: the Presi- 
dent's carriage was near the curbstone. 

Q. Did he lieep the same position during the whole 
of'thistime? A. Yes; the man with the slouch dress 
did. 

Q. Which way did Booth enter the theatre the last 
time? A. He just stepi<ed into the front door. 

Q. Did you see the man vvilh the slouch dress stand- 
ing tliero at tliat time? A. When Booth whispered to 
him and leit liini.I did notsee him change his posi- 
tion; I was observing Bo )th. 

Q. You do nut know wiiether the man with the 
slouch dress stood there aller Booth weut into the 
theatre or not? A. I d i not. 

Q. Areyousure he did not go out on the pavement- 
be. ore Booth went in? A. I do not recollect his going' 
out on the pavemi?nt. 

Q. Whatlirst attracted your attention to that man? 
A. I observed the well dressed genllemau speaking to 
him. 

Q. When did yon notice that first? A. About twenty- 
five minutes or hall-past nine. 

Q. How long alter Booth entered the the.atre was it 
that you heard tiie news of the assassination? A. I 
ceuldwuttell iiositively; it might have been filteea 
minutes: it may have been less. 

ti. State wuac you done in the meantime? A. I 
started down and went around the corner aud into a 
saloon, debated a wiiile which saloon to go into; I had 
only justpotin and had oysters ordered. 

U. Abut how tall do you think the man with the 
slouch clothes is? A. He was about live feet eight 
inch.'s. 

By the Court.— Q. I understand you to say that the 
prisoner you have identilied (.Spangler) was the .man? 
A. I say that was the counLeuauce with a moustache; 
that is the very lace. 

By Mr. Kwing.— Q. Have you seen the man since the 
assassinatien (1! the President before now. A. Yes; in 
the old Cajiitol Prison. 

Q. In the presence of what persons? A. Of the pro-, 
prietor of the theatre. Sergeant Cooper and another, 
person. 

Q. Did it seem to you that he was the man? A. All; 
but the moustache. 

TestJBnony of Jolin M. DnckingrliHin. 

John M. Buckingham sworn.— By Judge Holt.— 
Q. In what business were you engaged during the 
month of April ? A. At night I was door-keeper at 
Ford's Theatre; during the day I was employed in the 
Navy Yard. 

Q. Were .you acquainted with J. Wilkes Booth dur- 
ing that time ? A. Yes; i knew him by his coming to 
th^theatre. 

(J. Stale if you saw him on the evening of the 14th of 
April, at what hour ami what occurred? A. Ijudgeit 
was about lij o'clock. He came into the llieatre and 
walked in and out-again, and he returned in about two 
or three minutes. Hecainelonieandasl;ed what time 
it was. I told him to stepinlolhelobby Iea(Jin^•intothe 
street, and he could see. Hostepped out and walked 
in at the door leading lo the parquette; came out im- 
mediately and walked u]) the s. airway leading to the 
dress circle: tliat was tlie last I saw of him until I saw 
him leap on the stage and run across the sta;e with a 
knife in his hanrl; he was uttering some sentence, but 
I cDiild not hear wiie.t it was so far back. 

Q. He wenllnto the President's box did he? A. The 
dress circle extends over my door so I could not .see. 

Cross-examined by Mr. E\ving-Q. Aie you ao- 

?uaintedwith the prisrmer, Edward Spangler? A. Y'es, 
have known him at the theatre. 

Q. Didyouseohimenter and go out at the front ea- 
tranceduniiglheday? A. No. 

Q. atate your position there, Is it such that yoa 
would be likely to see any person who entered, from 
thefront of the thealre? A. Yes. Every person has 
to pass me entering the lower part of theatre lor the 
parquette thedre.ss circle and tlie orchesira. 

Q. Did you observe ail persons who came in? A. I 
did not take special notice of them. I saw that no 
person came who was not antliorized. 

U. If this man tsiiangler had gone in from the street 
would you have been likely to have seen him? A. 
Yes; he could not have passed me without my seeing 
him. 

Q. Are you certain that he did not pass? A. lam 
perieelly satislied he did not pass in that night. 

CJ. Dd.vou see him that night at all? A. Not to my 
recoUertion. 

Q. Did you ever see him wear a moustache? A. No 
sir, not that I can recollect. 

James P. Ferg'nson Sworn. 

B.v Judge Holt— Q. State your business. A. The 
restaurant business. No. ■l.'jii Tenth street, adjoining 
Ford's Theatre on the upporside. 

Q. Do you know J. Wilkes Booth? A. I do. 

Q. Did you see him on tiie evening of the assassina- 
tion of the President? A. I saw him that afternoon; I 
do not recollect oxactl.v what time it was; iierhajis be- 
tween two and four o'clock; he came up just below 
my door in the street; ho w.as sitting on a horse: 
I walked out and saw Mr. Maddux standing by the 
horse, with hia hand ou tho mane; he looked round 



38 



TRIAL OF THE ASSASSINS AT WASHINGTOK 



and said to me, " Forfnison. spg what a nice horie I 
have; lie will run just like a cat;" with tliat lie stuck 
his .Kpurs in the horse, and run oil', and I saw no more 
orhim till that night at ten oClock; alons in the alter- 
noon, about dne o'clock. I was told that my kivdrire. 
General Crant.was goinu to be at the theatre, .nnd il'I 
wanted to -ee liini I liad better eo: I got a seat directly- 
opposite the President's l>ox. in the dross circle; 
I saw the President and his family when they 
came in with some gentlemen in citizen's clothe-?^, 
whom I did not rccok'nize; I supposed that 
General Grant had remained outside, intending 
to conic iu alone, and not create an excitement in the 
theatn; and I made up my mind ti.at I would see 
him, and I watched every onewlio pa'«scd around that 
side oi'thedresscirc!e. Saniewlierc about ten o'clock 
I saw lluoth pass around in tluit drec'-ion. Some- 
thing af raced my attention towsirds the statje. I 
then saw him push open the door leacnng to the 
boxes. I did not see anything mori* oi'him until I saw 
him rush to tbe front of the l.ox. and jump over, and 
as he jum; ed I could see the kni e gleaming in his 
hand'^; at that time the President was si;t!ng, leaning 
on liis liand:j, towards t!io ligi t, look in--,' down on some 
person in the orchasira; ho was not looking on the 
stage;he was looking between the post and the flag 
decorating the box; as lie jumped over I saw it was 
Booth; Isaw theila h ot the pistol right in the, 
box, and beard him exclaim Sir ftrmpcr Ti/ran- 
nis; he ran right across the stage to the door; | 
wliere tile actors come in, and I saw no more of him j 
I ran as quickly as I could to tlie Police oluce. on | 
Tenth street, and told the Superintendent; I then ran 
up Tenth street, ior the purpose of seeing (Jeneral ; 
Augur, or Colonel Wells; CulMuel Wells wa,s standing 
onlhesteiii; I told l;im I had seenitall; he told the 
guard to pa^s me in, and I went in and told him the I 
story; I went home and went to bed; the next morn- | 
ingi g(/t up and iMr.Giffordsaid to me it wasa hellof a I 
Btatenient I hadmado last nislit.aboutseeing ibefliush 
of the pistol in the box, when the pi?f0l was iired out- 
Side oi the door; I told him ii was fired inside thedoor, 
and aid rwards went round to the theatre to examine 
the hole wli'-re the nail was supposed to have gone , 
through the door; the hole was evidently bored with a 
large gimlet and wlvittled with a knife; the scratches 
of tlie kniie could plainlv be seen. 

Q. Is Mr. Gilford the other carpenter? A. Yes ; he 
hadchargeoftlie ilieatre altogether; he was thcchief 
cariJeuter and had full charge there, as I always un- 
derstood. 

Q. Was the President's box on the south side of the 
theatre •.' A. Yes; he always had the same box, every 
time I saw him there. 

Q,. Did you hear anv other expression except '"fiic 
Semper Tyrantiis?" A. I heard some one call ouro* 
the box, I do not know who, but I suppose it must 
have been Booth. 'Eevenge lor th.e South !" just as he 
jumped; as he went over on to the. stage I saw the Pre- 
sident rai«e his head, and saw Mrs. fjiiicoln catch him 
bv the arm; tluMi I under:sloi.d Mr. Lincoln had been 
siiot : hi' that time Eooth was across tUestnge. 

Q. Did Booth's spur catch into the Hag'.' A. Hisspur 
cau-ht iiy theJlag. It was the blue part of the Ame- 
ricaii Hag. As he went over his spur caught the mould- 
ing on tlie edge of the box, and also t!ie ll.ag. It tore a 
piece of (he blue oft', and e:'.rried it half acros the stage. 
Thespur was on his right heel. 

Q. JJid you observe the hole in the door only enough 
to see whethf r it liad been ireshly cut oiu'.' A. iNo. sir; 
not particu'ariv; jailor noticed a liole out in the wall, 
lookinir ;■-; i done bv akni e toaduvt the end of a bar 
of word, with whicfi lie hud fastonod ti^odoor. 

CJ. Cnild von observe tlie spur at all, as to thocharae- 
teroiif.' /\_ No. I eunld notoijserve that: I noticed it 
p:'rt!cul'.:rly. because it caught iu the flag as he went 
over the boxes. 

C'ro s-exammed bv Mr. Ewing.— Q. Did yon see the 
bar with which the door was fiifctened. A. 1 did not; 
we could not find it the next day. 

t>. D (I you know spangler. the prisoner? A. Yes. 

Q. Did vou pc^ iiira on that night? A. I do not 
recollect sei ing him. Jwasiuthe theatre that night. 
I went in about twenty mirnites of eight o'clock. I 
wanted togot there be orelhis party came in. 

(>. Doyen know him well ? A. Yes: lie worked in 
thoThcatie. 

Q. Did .you ever sec liim wear a moustache 7 A. I 
d ■ u' ttiifnk I ever did; 1 do not thiuk he ever wore a 
moustache sidce I have been there. 

Important Kvidcncc of :ui OtUcer of Gen. 
Joiinston'.s KUiir. 

The testimony taken beloie the doors were opened to 
reporter.. ;or the press includes tiuit of a man who was 
for several yeiir.^ in the military serviceoflheso-called 
(X)n.cderaie States, employed in the I oi)0[;raphical de- 
partment, on the stalV of (ieneral Kdward Johnston. 
lie was in Virginia in the Bummer of ISKJ, twenty 
miles from Staunton. 

lie became acquainted with three citizens of Mary- 
Ini.-d. o ic of whom wtis Uooth and the other named 
&hepuei°d| ile wok twked by Bootli and liis cum- 



' panions what ho thouglit of the probable success of the 
Confederacy, arid he told them that after such a chase 
as the Rebels had then got from Gettysburg, he be- 
lieved it looked rather gloomy. 

Dooth told him that was nonsense, and added: 
;'• If we only act our part right tho C'onfeder.icy will 
gain its independence, and old Abe Lincoln must go 
up the spout." The witne-ss understood by the expres- 
sion "must go up the spout" that it meant he must be 
killed. Booth said that as soon as tho Confederacy 
was nearly whipped, that was the final resource to 
gain the independence of the Confederacy 

Tiie companions of Booth assented to his sentiments; 
the witness was at the camp of the .Second ^■irginia 
Eegiment, and there was a second meeting of Hebol 
ollicei-son thatocca-sion. He was not prosent at the 
meeting, but one of the officers who was. stated ita 
pmp.^rt: he believed that Booth was at that meeting: 
Tliepurposo was tosend certain oilicers on detached 
.service to Canada and the borders to deliver prl-oners, 
to lay tlieKorthern ciiies in iishes. and finally to get 
alter theniombers of the Cabinet and kill the Presi- 
dent. T!ie name-of tha officer who gave him the in- 
lormation was Lieutenant Cockerill. 

Booth w; 3 ass( elating with all the oflficers. iEIe 
heard very often tli.it the assassination of the Presi- 
dent was an object (inully to be accomplished. lie had 
heard it freely spoken of in the streets of Itichniond. 
This nece.ssity was.Kenerally assented to in the servicei 

A lady from Kew York testified to having met 
Bootli and a man named Johnson, and overheard 
their conversation. She p1c'.ied up two letters which 
tliey h;ul dro|jped. and one of them was addressed 
" Iiear Davis. ' .saying thatjthe "lot had (ailen upon 
him" to be the Charlotte Oorday oi the nineteenth 
century. Abe must drink the cup: you can choose your 
own weapons, the knife, the bullet, &c. The letter is 
signed Ou.as. SMby. 

Two oUier witnesses testified that they were in Cana- 
da, and saw Booth in conversation with George san- 
d(ns.and believed they also saw Booth talking with 
Clay, Halcomb and Thompson. 

'ffestimowy of Captaiu Tljeo. McUovern. 

By Judge Advocatellolt— Q. Did you know J. Wilkes 
Booth? A. I knew hiiu bv sight. 

Q. Did you see him the night of the assassination of 
the President? A. Yes. 

Q. Describe what you saw on that occasion. A. I 
was sitting on a chair in tiie little ais'e by the wall 
leading towards thedoor of the Pre.-ideut's box on the 
nightof the murder, when a man came who tlisturbed 
me In m.v seat, causing me to push my seat forward 
to permit bin to pa.ss; he then stepped about two or 
three feet fro ni where I was. and stood leisurely tak- 
ing asurvev of the house; I looked at him. because he 
happetied to come almost in my I ine of si;;ht; he took 
a small pack of visiting cards froni/his pock'^t. and se- 
lecting one reulaced the otiiers; ho handed the card to 
the President's messen^-er. who w.us sitting ju ,t below; 
wiiether the messenger look the card into iie box. or 
after looking allowed him to go in. I do not know, but 
In a moment or two 1 saw him go into the box aud 
close thedoor of the lobbv leading to the box. 

Q. Did vou see him aft -r tiie p stol WiW lired ? A. 
Yes. Isaw the body of a man descend from the front 
of the box to tlieB;a-e. audhewas outot r.iys-ght in 
a moment; in another moment he re-appeared, aud 
strode across the stage, aud as he passed 1 saw the 
gleaming blade ofa dagger in his right hai;d. 

Q. Was it a, large weapon ho held in his hand? A. 
Yes, the blade I sh' .uld suppose to be live or six inches 
in length, f lom the length of the gleam 1 saw. 

Q. Didyousie whetiier it was Booth? A. I know 
Booth, but I did not recognize him. 
'S'cstiniony of Ti!iaj«i« Ileaary K. Rathbnn. 
By Judge Ilolt.— Q. Please state to tlie Court 
whether or no^ vou were in tlie box with the President 
on the night oi'the assassination. A. Yes. 

y State all the circumstances that came under your 
oh ervation iu conue.'tiou with that assassin-ition. A. 
Wun the permission of the Court. I will say that 1 pre- 
pared a little stiilemrnt at the time, whicli J would like 
to read i!i preierenee ofgiving the testing ny b-ie. It 
was made when tiie d. talis were ireshm my mind. 
I'l rmlssiou having beengiven. witness thereupon read 
th.-.statementtolheCourU This has heretoloro beeu 
puljlishod. ,,._ . „ 

Q, You did not know Booth yourself? A. >ro. 
Q CiiAild vou recognize him from this photograph? 
A. 1 should"be unable to recognize him as the man la 
the box; I myself have seen him on the stage soma 
timobince, 

Bv the Court— Q. What distance was the assassin 
from the President when .vou first saw hnn? A. 'Ihe 
distance froin where the President w.os silting was lour 
or five feet, to the best of my iccollection; this man 
was .standing between him and the door. 

Bv Judge lIoU-Lwok at that weapon and see if it 13 
about such a one as ai peared to be used by Booth that 
night. A. I tliink it might have made a wound simi- 
lar to tho one I received; I could not recognize the 
kni.'e; Ifiim; ly sawlhcgleam. , ,„j^ 

, By Colonel Burnett— Q. D;d you notice how the blade 



TRIAL OF THE ASSASSINS AT WASHINGTON. 



39 



was held in the hand of tbe assassin? A. Yes; the 
blade was held flat a,nd horizontal; the aiitry of the 
wound would indicate it came with a svvS'ping blow 
from abose. 

Testimony of WilUam Wtthiers, Jr. 

Kxamiuationbv jLidgo Holt.-Ci. Do you belons to 
■theorcheslra of Ford's TlKi'uti-e? A. ^ es. 

Q. Were you there the night of the us-iossinatioa ot 
the Presidciu? A. Yes. 

- Q. Did you see J. Wilkes Booth there that night? A 
Yes 

Q. State what you saw. A. I had some business on 
the stage with the .stage manager, in regard to a ua 
tional soiig Ihttd coniposod: I wanted to see in what 
costume tuey were going to .sina it; 1 learned from the 
maiiai;er that Ihev would sing it in tli" costume they 
wore at the clo-e of the piece: alter thai 1 was retuiu- 
iner under the stage to the orchestra, when I beunl the 
report ol a pisiul: I was astonished tliat a pistol should 
be lired while playing The AnurUxm C.>u\:n; I never 
board one beiore; lust then X met a man running be- 
fore me; I stopped, comjilotely paralyzed; I Uirt not 
know what was the matter: he hit me on the leg, 
turned me round, and made two cut,' at me. ouetiii 
iheiieciv and one en the side; as he went i)ast mo I 
said that is WilUes-Bootli; with that he made a rusli 
for thedcor, and out howeut; just then I heard the 
cry tliat the I'resident was killed, and Isawhimiu 
Ihebo.x, apparently dead. 

Q. Whieij way did he fro out of the theatre? A. Out 
Of the backdoor. ' 

Cro:s-e.xamination by Mr. Evving.— Q. Are you ac- 
quainted wuh tiie prisoner, .'-p j,iigler ? A. I have 
known him eversincel have been in the theatre. 

Q. iJid yuu .see him that ni';ht? A. No, Sir; 1 do not 
recollect seeing him that night; I only happened tj go 
on the stage to see the manager. 

Q. Whicu side of thestagedid yougOnn? A. The 
right hand side lacing the audience, furthest from the 
President's bo.x. 

Q. What was the position of this man? A. Tlis posi- 
tion ouglit to have been t.iere when the scene was to 
bechaujed right in the cent^ie of thestttge; his husi- 
ne.ss was to change the sceites, and he ought to have 
been right behind the scenes. • 

Q. On which side? A. I do not know on which side 
his position was. 

Q. Do you know whether the passage through which 
Booth passed outof thedooris gem rally obsrueied? 
A. Sometimes there are a great many persons there, 
so that you cannot pass, but that ni'-rht everytiiing 
seemed to be clear; 1 met nobody that night until X 
mot Wilkes Booth. 

U. Were tliey playing a piece requiring much shift- 
ing of the .scenes? A. X think at that iiointol' the play 
it could not be many minutes bel'ore the scene would 
require to be changed. 

Q. Was it a time when the passage-way, in the ordi- 
nary course of things, would have been obstructed? 
lA. Some of the actors might luive been there wait- 
ing to go on the ne.\t scene. (Witness here described 
at length the various localities in connection with the 
Stage.) 

Q. Did you ever see Spangler wear a moustache? A. 
Ko. I have always seen him as he upjjears now; I do 
not think I ever saw him with amoustache. 

Q. IXow long have you known liim? A. Ever since 
Foi'd's Theatre has been going, nearly two years. 

By J udge Xloit.— Q. Is lliere not a side way by which 
the'theatre can be entered without passing in Irom 
the Iront? A. No, not as X know ol; there is one littie 
passage where the actors and actresses get in, but that 
is the front way. 

Q. 'Xhat is used exclusively by the actors? A. Yes 
sir, it was used when the theatre was lirat opened by 
ectors when they wanted to go out to take a drink 
without being observed. 

By the Court— Q. When you met Booth on the stage 
es he was jiassing out, could you see the door as he 
went out? A. Yes sir. 

Q. Was there any doorkeeper standing there that 
you could see? A. I did not see any. 

Cl. Was the door open? A. Xo, X think not. 

(i. Was there anything to obstruct his passage out? 
A. No. 

Q. Was that not an unusual state of things? A. It 
seemed strange to me; it we.s unusual. 

Q. Was there any check at ail at ihedoor as he went 
out? A. No; it seemed to me aiter l:e gave me the 
blow that knocked me down, aud in which he came 
very near going under, he ixiade one plunge and was 
out. 

Q. Was it your impression that the door was opened 
for him, or that lie opened it bimsel.? A. I den'i 
know; I tried it myself, to see if it could be opened bo 
easily: it surjirisedme. 

Q. Was it your Impression that some one assisted 
him in goiug out, by opening the door? A I did not 
see anybody; I only saw him go out. 

U. Do the scenes stand at this-time just as they were 
left, or have they been changed? A. I really do not 
know. 

Q. Do j'ou say there is no passage out of the theatre 
except in front? A. No; you have to go from the alley 
toimdaod come in iront. 



Rc-examlnatiori of t$tabloi\ 

By Judge Holt.— Q. State to the Court whether since 
your examination you have been to a stable in the 
cityandiound thehorse rc.'errod to? A. Yes, X have. 

Q. Do yon recognize that as the horstMou rolerred 
to? A. Yes; thatisthe bay liorso that A"t:aToth look 
away on tlie2y:h of March, and brought back some 
days afterwards, for sale. 

By thoL'ourt—Q. That was the horse held at your 
.stable at the Wurratt House? A. Yes. until Booth paid 
the livery and took him away. _ 

Ci. Where is he kept now? A. On tho^orncr of Se. 
ventecnth and I street-?. 

Q. Whose stable is it? A. A Government stable, by 
Mr. Dosier. 

Q, Are you the owner of theplace where these horses 
werekejTt? A. No. sir. 

Q. What was your business there? A. The reception 
of livery horses, the hiring to parties, and a general 
oversiglit. 

Q. Are you certain Surratt owned these horses? A. 
I supposed he did; he brought them there in his name 
and paid the iivcry. 

Q. Did not you say that somebody else paid the liv"- 
cry? A. When they were taken away finally Booth 
paid it. 

(i Did you not say , Surratt paid the livery? A. Sur- 
ratt jjaid down to the end oltiie month previous. 

Q. When Booth settled the bill, did he claim the 
horse as his? A. No. 

Q. Did he state who they belonged to at that time? 
A. Ho gave the order of Surratt to pay for the horses 
and take them away. 

Q. Yon say this horse you have just described wa? 
sold from your stable? A. No s:r; he was not sold; he 
■was brought there on livery, and on the 2!>th of March 
Booth paid tlie livery lor tiie inoiiLh ending 3Iarch ;jl, 
and some days afterwards Atzeroth brought tlieiu there 
toseil. 

Q. When did you see this horse last before to-day? 
A. About tl«e4th or 0th of April, when he was brought 
there to sell. 

Q. Have you seen that horse in the possession of At- 
zerotli since that time? A. Not since he brought him 
there to sell. 

Testirnony of Joe SiimssTis (Colored.) 

Examined by the .Judge Advocate.— Q. What con- 
nection have you at Ford's Theatre? A. 1 have worked 
there two years; I went there when X tirst came to 
Washington. 

Q. Were you there the night the President was aa- 
.sas.iinated? A. I was up at the lly where they hang up 
the curtains. 

On Did you see Booth there that evening? A. Xsaw 
))im there" between live and,six o'clock. 

ti. State where you saw him. niid what he did? A. 
When I saw him became in the back part ol' the stage; 
he wont out and went into a restaurant beside the 
theatre; I saw himnoraorc that night until aiter the 
per.ormance commenced; during tl:e yi'T'ormance I 
heard u 111 .tol hreii.and limked iinmediaiely to see 
what it was; I .'aw him jumi> Ironi the jrr.witi' box on 
to the stage and make his escape acro.,s the stage; I 
saw ni more of him. 

Q. Who was witli him when he went out in the after- 
noon? A. There was no one;Mr. Spangler was standing 
out in front, and he invited him in to take a drink. 

Q. Is this the man here, point. ug to. Spangler? A_ 
Yes. that is the man. 

Q. Did you hear anything said between thoni? A- 
No; they went in to take a drink; that is all I heard. 

Q. Did yon,see Booth when became up back of th» 
theatre with his horse? A. No; the other colored maa 
who works with me>saw him. 
Q. iJ'd you know Sijangler\-^ry well? A. Yes. 
Q. Were he and Booth very intimate? A. Tlury wer« 
quite ii:timat\ 

Q. You saw them go and drink together? A. YeS; 
that is all. 

Cross-examined by Mr. Ewing.— Q. Had Spangler 
anythinglod(j with jlooth's horses? A. Nothing more 
th.antliat he would have them attended to when Booth 
wa; awav. 

Q. He saw to their being fed and watered, didn't he? 
A. Yes. 

Q. Was he hired by Booth ? A. No, not Spangler; the 
other young man Booth hired, but X supjiose Booth 
thought he would not do justice by his horse and got 
Sjiangler to see to it, when he was not there. 

Q. What positinn did Spangler hold in the theatre? 
A. Hewasoneofthestage managers; lie sliil ted scenery 
at night ana worked on the stage during the day. 

Q. What w.is his position on ihOBtagc at night? A. 
On the riglit hand ot the stage as jou face the audience. 
Q. Thai was the side of the President's b..x, was it 
not? A No: the President's box was on tbe lelt hand 
side of the stage, us you lookout opposite Spangler's 
place. 

Q. Where was your position? A. My position was up 
inthellycrs where they wind the curtain up on the 
third story. „ „ , . ^. 

Q D d you see Spangler that mght after five o'clock? 
A. Oh. yes; he was there on the stage attending to his 
busioe^ us usual. 



40 



TRIAL OF THE ASSASSINS AT WASHINGTON". 



Q. What time did you see tiim? A. It was in the early 
part of UiG evening; I never inquired the time; we had 
no time up where we were. 

Q, How long did you see bim before tlie President 
tvas shot? A. I did not see him at all before the Pre-i- 
aent was shot: I was looking at the performance until 
I heard the report of a pistol. 

Q. D:d youseeliini durin;j the play that night? A. 
Yes; he was obliged to bo there. 

Q. Bid you see him in the (irstact? A. Yes. , 

Q. Did you see him in the second act? A. I do not 
remember .■•eing him in the second. 

Q. t'ou'd voii have seen him where j'ou were up in 
the (ly? A." Yes, sir: I could see him from my side 
over on J.ie other side of the stace. 

Q. Was Si;angler's place on the opposite side? A. 
Yes sir, on the opposite side below. 

Q. Were you looking for i.im during the second act? 
A. No. „ 

Q. Was he a sort of assistant stage manager? A. He 
was a x-egular stage manager to shitt the scenes at 
night. 

Q. From where you were could you see the Presi- 
dent's box? A. I could, plain. 

Q. What time in the tiist act did you see Spangler? 
A. In the (Jrst act I saw him walking about, the stage 
looking at the performance. 

Q. Had he his hat on ? A. No. 

Q. How was he dressed? A. I could not tell exactly 
what kind oi clothes he had on. 

Q. Bid he look just as he does now as to his face? 
A. Yes, just as natural as he does now. 

Q. Bid you ever see him wear a moustache? A. No. 

Ci. From where you were on the fly would not the 
scenes change so that suinetiraes you could not see 
him? A. kometimes I could only seeuim occasionally. 

Testimony of John Miles (Colored.) 

Examined by Judge Advocate Holt.— Q. State 
whether vou belong to Ford's Theatre. A. I do. 

Q. Were you there on the night of the assassination 
Of thel're;ldent? A. Yes. 

Q. Bid you see J. Wilkes Booth there? A. Yes; I 
saw him when he came tliere. 

Q. Tell the Court all about what you saw? A. He 
came there about nine or ten o'clock: he brought a 
horse up from the stable down there to the back 
door, and calcd to Nca Upangler to come out from 
tlie theatre three times; then Spangler came across the 
stage to him; after that I did not see what became ot 
Booth any mere till I heard the pistol gooff; then I 
went up ill sight of the President's box; 1 heard some 
man say he believed somebody had shot the President; 
when i got there tiie President hud gone out, or I 
could not see him; I wont in a moment to the window 
and heard the horses' Jeet going ont of the alley. 

Q. Bid you see anv one holding the horse? A. Yes, 
I saw the boy after hehad called for Xed Spangler. 

Q. You do not know what was said between them ? 
A. No ; I only heard him call for Ned Spangler. 

Q. You say "he came up to the door with his horse, 
between 9 aiid 10 o'clock. Bo you know where he kept 
his horse? A. Yes, in a little stable close bv there; 1 
saw him come from there about 3 o'clock otii/i Ned 
Spanfilrr and Josenh 3faddo.r. 

Q. How lar is the little stable where he kept his 
horse I rom the theatre? A X do not think it is more 
than fifty yards. 

Cross-e.Kamiued by Mr. Ewing.— Q. Was the play 
KOing ou when Booth rode up and called for Spanu,er7 
A. Yes; they were just closing a scene, and getting 
ready to take oH'that scene; Spangler was pushing the 
scene across the stage when Booth called to him three 
times. 

Q. Where wore you? A. I was up on the fly, three 
Stories and a halt from the stage. 
Q. In what act was that ? A. I think in the third act. 
Q. How long before the President was shot? A. The 
President came in in thetirst act; Ithinkit was in the 
third act he was shot ; ironi the time he brought the 
horse there until he was shot I think was about three- 
quarters of an hour. 

Q. Do J'OU know who held the horse ? A. John Pea- 
nut held the horse from the time Booth heid him until 
he went away; every time I saw him John was hold- 
ing the horse. 

Q. Was John Peannt there when Booth came up? A. 
I did not see him there; there was no one there when 
Booth came up. 

Q. Bo yo 1 know whether Spangler went out of the 
floor when B )Oth called him? A. He ran across the 
Btage; Id d not see them go out, 

Q. Howljngdid Spangler stay there ? A. I do not 
Know; the next time I looked this boy was holding 
the horse. 

Cl. How long vva3 this after he called Spangler 7 A. 
Perhaps ten or lilteen minutes. 

Q. Bo you know what Spangler had to do with 
Booth? A. No; he appeared to be liimiliar with him. 
Q. Bid Booth treat him? A. I never saw him treat 
him. 

Q. Bid Spangler have anything to do with Booth's 
horses? A. 1 have seen him hold them up at the 
Btables. 
Q. Bid you know anythixig about his hitching the 



horses or holding them up? A. No, sir; I never saw 
him hitch them up to tue buggy; -Tohn Peanut always 
did that. ' 

Q. Bo you know what place Sr,angler occupied on the 
stage? ■ A. On the right hand .»ide, next to K street; on 
the side the President's bo.x was. 

Q. Could you see him from where you were, three 
stories above? A. Yes; I could see right straight 
through the scenes on tliat side of the stage: I always 
saw liim at work on that side. 

ti. Was he ou that side when Booth called him? A. 
Yes. 

Q. What was Spangler's business there? A. To shilit 
the scene i at night across the stage. 

U. Was there another man shitting them from the 
other side? A. Yes, there was a man opposite to 
him. 

Q. Bid you see Spangler after Peanut John held 
Booth's horse? A. I never saw him anv more until I 
came down after the President was shot;" Spangler was 
then outside of the saine door Booth went out at. 

Q. Were the others out there? A. Yes, there were 
some more men out there; I did not notice who they 
were. 

Q. Men of the theatre? A. Yes; men who were at 
the theatre that night; there were strangers there too. 

Q. How many men were out at the back door at that 
time? A. Not more than three or four wiien I came 
down: I came down in a very short time after I un- 
deistood what it was; I asked Spangler who it was 
that held the horse; he told me not to say anything; I 
knew it was the same person who brought the horse 
there that rode him away. 

U- Could you see Spangler all the time that he was 
on the stage? A. When he was working; in that time 
Icouldsee hun. 

Q. Bid you look at him that night? A. I did not no- 
tice him particular 1 J- that night anymore than I usual- 
ly did: I would not have noticed him had not Booth 
called him. 

y. You do not know whether he was on that night 
or not? A, He was when Isaw him. 

Q. What was it you asked Spangler when you came 
down? A. I asked him who it was holding "the horse 
at the door; he told me to hush, and not say anything 
at afl to him; and I never said any more to him. 

Q. Was he excited? A. He appeared to be. 

Q. Was every person excited? A. Everybody ap- 
peared, very much excited. 

Q. Bid you not say he replied to you hush, ar>d not 
say a:iyti)ing t;) him? A. I should have said he told 
me not tosay anything about it. 

Q. Bo you know Spangler well? A. I know him 
when I see him. 

Q. Bid you ever see him wear a moustache? A. No 
sir, I do not think I ever saw him wear a moustache, 

By Judge Holt— U. This remark which he made to 
you, "hu^/i, d<i not say anything about i/,' was imme- 
diately after the kihiug of the President, wasn't it? 
A. Yes, right at the door, as 1 we.it out. 

Q. Bid he make any further remarks as a reason 
whj' you should not say anything to him? A. No, not 
a word to me. 

Q. Bid you see Booth go out of the door? A. No; I 
heard the'horsego out of thealley; which way he went, 
right or lelt, I caniKit tell: I fieard the rattling of his 
leetou the rocks in the alley. 

Q. Was the door ielt open at that time when Booth 
had gone out? A. It was open when I wont down; 
whether re was open irom the time he went out I ."o 
not know; 1 had come down three stoi'ies belbre reach- 
ing the door. 

U. Bo .vou know of anybody who probably heard 
your remark to Spangler. and his reply? A. No sir; I 
do not know that any person was noticing it at all; 
there were a good many persons round by the court. 

U. When Booth called to Spangler, the hrsc time, did 
you see where he was? A. No, when he called the 
hrst time I did not notice where he w. s: when he 
called the second and third times I noticed where he 
was standing. 

Ci. Where did he go? A. He went tow.ards the door; 
and got underneath the fly, so that X could not see him 
anv more until X loolced out of the window. 

Q. How long was he with Booth? A. I could'nt tell 
I never saw him anymore until I came downstairs 
frniu the fly. 

(4. Wlien Spangler told yon to hush and not say any- 
thing about it, was he near the door? A. He was, I 
suppose, a yard .and a half from the door. 

(li. Wai anybody else near the djor? A. Not as I 
know ol': there wfis nobody between him and me and 
the door. 

y. Bid he have hold of the door at the time? A. No, 
he was walking acrOss in I'ront of the door. 

Q. Was anybody else between him and the door? 
A. No. 

Q, Was it light or dark? A. It was right dark; it was 
a dark night 'any way, and there was no light right 
thoi-e. 

Cross-examined by Mr, Ewing.— Q. Wer? you ana 
Span4lei'ins.dolhe door oro'.usioe? A. Outside. 

Q, Whoro were the other pe iplo wlioyou say were 
about there? A. Standing j.i: t around; some of them 
a httle further from the door; I was between these peo- 
ple and the door: they were in the alley. ■ 



TRIAL OF THE ASSASSINS AT WASHIXGTOK 41 



By the Court.— Q. Did they appear to be guarding 

that door? A. No. 

Q Did he act as i f he was try ins to prpvent persons 
fi-oniKeti lit; in ;\iid out of the Uonr? A. Xo; he ap- 
peared to ba verv n;u h excited: tliat was all I'noticed; 
at that time LJootU had gone out of the alley. 

TesJimony of John Selecman. 

Bv Judse Holt.— Q. Are you connected with Ford's 
Theatre? A. I am. „ . , , 

Q. Were you present on the night of the President's 
a.ssassiiiation'.' A. I was. 

Q. Did von know J. Wilkes Booth? A. Yes. 

Q. Did you or did you not see him on that night; if 
so, at what hour, and under what circumstances ? A. 
I saw him alwut nine o'clock: he came up on a horse 
to the bark door of the theatre: Spantrler was standing 
there, and Booth said, " Help me all you can, won't 
vou? lie replied, "Oh, yes." 

* Q. Did he say that as he came up to the door on his 
hor.5e ? A. Yes, when he came up on his horse. 

Q. Was that the hrst remark he made? A. The 
first words I heard him say were: " Ned, help me ail 
you can, rcon't ijou?" 

Q. How long was that beforethe Presidentwas shot? 
A. About an hour and a halt, I should judge. 

Q. Did you observe the horse afterwards ? A. No, I 
did not. 

Q. You did not see Booth in front? A. I just caught 
a glimpse oi him as he was going out of the first en- 
trance, Dight liaud side. 

Q. Wbat hour did you see him going out at that en- 
trance ? A. It was half-past ten, I judge, after he shot 
the President, 

Q. Do you mean tnat he went out of the back door ? 
A. Yes. 

Cross-examined byMr.Ewing— O. Did your hear him 
calling Kpangler? A. JSo: the first I- heard him say 
was "Help me all you can." 

Q. Where was that? A. Out of the back door. 

Q. Did you s.^e Booth ride up? A. No sir; the horse 
was standing there. 

Q. Was anybody holdingthehor.se then? A. I didn't 
see anybody at all. 

Q. Did you see the horse? A. Yes; I could not see 
whether anybody held him or not, it was so dark. 

Q. What is your place in the theatre? A. Assistant 
property man. 

Q. What is your position on the stage? A. We Iiave 
to set the furniture and all such work as that, ou the 
stage. 

Q. What was Spangler's position on the stage? A. 
Stage carpenter. 

Q. Was he the principal carpenter? A. No, Giffbrd 
was the principal carpenter; Spangler was hired by 
Gilford. 

Q. What was his duty during the performance? A. 
To shiu tlie scenes. 

Q. On which side was his position? A. I do not 
know. 

Q. Were you about that night? A. Yes. 

Q. Were you on the stage during the whole day? 
A. Except tliat I went down to the apothecary's store 
once, and I believe I was before that in a restaurant 
next door. 

Q. Did j-ou notice the employees so that you could 
say whether Spangler was there through the play? 
A. No, I cfiuld not; 1 saw him after the assassination;- 
he was standing on the stage; he had a wl.ite handicer- 
cliief in his liand, and appeared to be wiping his eyes. 

Q. Was he crying? A. I do not know. 

Q. How long was that after the President was shot? 
A. About ten minutes. 

Q. Did not Spangler frequently have Booth's horses? 
A. I didn't see him at all. 

Q. Was Booth a habitue at the theatre? Did he go 
back and forth irequently? A. Yes. 

Ci. Was he familiar with the actors and employees? 
A. I think he was. 

Q. Knew them all pretty intimately? A. Yes. 

Q. Did he not have access to the theatre at all times? 
A. Yes. 

Q. And went behind the scenes in the green-room? 
A. Yes, anywhere at all about the theatre. 

Q. Is Spangler a drinking man? A. I'thinkhois. 

Q. Did Booth treat him much ? A. I don't know. 

Q. Were you round in front of the theatre at anv 
time during the per.ormauce? A. Yes, I was on the 
pavement In front. 

U. Did you see anything of Spangler in front? A. 
No. 

Q, At what time were you there? A. I was there 
from about, or half-past 7 o'clock, until alter the assas- 
sination. 

Q. Did you know the neople who were about there ? 
A. No. 

Q. If Spangler had been there would you probably 
aave noticed him ? A. I guess I would. 

Q. Did you notice the President's carriage there ! 
A. 1 e5. 

Q. Did j-ou ever see Spangler wear a moustache? A. 
No, I don't think I ever did; 1 have seen him wear 
Side whislvers. 

Q. How was his face at that time? A. I think he 
waa snaooth shaved. 



Q. You say you were in front of the theatre con- 
stantly? A. Oh no; not constantly. 

tl. But frequently? A. No sir: I got to the theatre 
about hall-past seven or eight o'clock, and was about 
the theatre until after the assassination; I was in front 
two or three times. 

Q. Wore you there during the third act? A. No; 1 
was ou the stage during the third act. 

Q, Were you in front during the second act? A. I 
think I was in the restaurant ne.xt door. 

<J. How long before tne close of the second act? A. 
About ten or tilteen minutes. 

Q. And you think if Spangler had been there yon 
would have seen him? A. Yes. 

By the Court.— Q. How did you get from the rear to 
the iront of the theatre? A. There is aside entrance 
Irom tliea'ley. 

Q. You did not go, then, through the frontdoor? A. 
No. 

Q. Did J-ou see Booth in front of the theatre? A, I 
saw him that alternoon between 4 and .'5 o'clock in a 
restaurant next door; he with several others were 
there drinking; I saw Ned Spangler, Maddox, Booth, 
Peanuts, and a young gentleman by the name of Mai- 
den, were there: Maddox asked me if I would not take 
a drink: X said yes, and went up and took a glass of 
ale. 

U. You did not see Booth out on the pavement when 
you were owt on the pavement that night ? A. Not 
after he rode up that alternoon. 

Cross-examined by Mr. Ewing.— Q. How far were 
you Irom Booth and Spangler when Bootu made the 
remark you have stated? A. About as far as from 
here to you; about ten leet 

ti. How far was Spangler from him? A. About as 
far as this gentleman here is from you; about two or 
three feet. 

Q. Then Booth spoke in aloud voice? A. Yes. 

Q. Did Hootli see you? A. i don'c know; he went 
right beliind the scenes. 

U. Could he have seen you from where he was 
standing? A. Oh yes. 

Q. Was there anybody by except you? A. I didn't 
notice at that tinie. 

Q. Was not Spangler in liquor that night? A. That 
I cannot say. 

Q. Did you often see him drunk or in liquor? A, I 
could not tell whether he was drunk or not. 

Q. Was not he habitually pretty well soaked? A. I 
do not know, indeed. 

By the Court.— Q. Was tVete ajr>ything unusual in the 
arrangement of tne furuf?5fiE!"that night on the stage ? 
A. Yes sir. 

Q. Was it all in its proper place according to the per- 
forraanco going on? A. Yes. 

Q. Tne scenes and everything ? A. Yes. 

By Judge Holt.— Q. Do you know whether the sceneu 
remain now about as they vi'ere that night? A.I do 
not know; I have not been in the theatre but once or 
twice since the assassination. 

Q, Dd you kuow what Spangler had to do with the 
decoration or arrangementof the President's bo.x ? A. 
No sir. I do not. 

The Judge Advocate-General remarked that to ena- 
ble the Court to understand perfectly the testimony of 
witnesses relative to the occurrences in the theatre, it 
would be proper for them to visitithe theatre, and ob- 
serve for themselves thedifiierent localities. It waa 
there/ore determined that the members of the Court 
meet informally at Ford's theatre, on Tenth street, to- 
day, at liali-past nine o'clock A. M. The Court ad- 
journed formally until ten this morning. 



SUi»i>iiESSE» TES'S'IMONY OF FK5DAY 
I2enry Van SteinacKer, 

A witness for the prosecution, being sworn, deposed as 
follows:- 

By Judge Advocate Holt.— Q. Have you or not for 
several j-ears been in the military service of the so- 
called Coniederate. States? A. Yessir. I liave been. 

Q. Inwhatcapacity? A. I wasemploj'ed iti theTopo 
graphical Department, ranking as engineer officer, 
with the pay of an engineer oilicer. 

Q. On whose staff? A. The staff of General Edward 
Johnson. 

(4. Were you or not in the State of Virginia in the 
summer of 1863, and at what point? A. When wecame 
back froni Pennsylvania, alter the battle oi CTttiysburg, 
1 was ordered with another engineer lieutenant, who 
was very sick, to convey him to his home at Staunton, 
in the Valley of Virginia; and from there I took my 
way back to find the army again; and near Hurrisoiv- 
burg, twenty-live miles irom Staunton, at SwiltKun 
Gap, I was overtaken by three citizens, with whom I 
got better acquainted, aiter having ridden a while with 
them: and I found them out to belong to Maryland; the 
name of one was Booth, and the other one's uama was 
Shepherd. 

Q. Do you remember the features of Booth? A. I do 
not remember tlie features of all of them. 

Q. Look at that photograph (handing to the witness 
a photograph of J. Wilkes Booth). A. There is a re- 
semblance, but the face was fuller. 

Q. You think it is the same person, but he hafl a 
fuller face than this? A. I believe it is. 



42 



TRIAL OP THE ASSASSINS AT WASHINGTON. 



Q. Did you learn at that time that it was John Wilkes 
Booth, the actor? A. I heurd the other gentlpmen call 
hini Booth: I thonsht first it wnsaiiicliname, but after- 
ward'; 1 Ibund out that it was Booth? 

Ci. How far (lid vou ride with those persons? A. We 

staved at tlie tavern at the foot of the mountain until 

the'next dav; there I f?ot bettor acquainted with tlicm. 

O. How long wiTO. vou together; how many hours do 

Tousujipose? A. Eir;hteen or twenty hours. 

Q. Did vou have ftiiv Moo conversations in recard to 
public arfairs while ymi wore with him? A. Yes sir. 

U. Will vou state what Booth said to you in rosard 
to any conteiiipi:itcd tnirpose of attack upon the Pre- 
siden't of thul'Jiitcd Statrs: state all that he said? A. 
I was asked bv Bootli and by those others, too, what I 
thoUKht i>t' the prcjbable success of the Conledcracy, 
and I tol<l iheintliat. alter such a chase as we hail then 
got from (Jcttvsbirj,' I believed it looked rather 
gloomv, and thc'n Booth told me. "that is nonsense; if 
■weonivact our part right the t.'onfcderacy will gain 
their independence;, old Ahc Lincoln must no up thr 
spout, and thr ron:'rdfrory will .wi'* (hrir independence 
anyhov;" that was the expression at the time. 

U. What did you uixlerstand Ijy tnc expression, he 
'•must go up the spout.'' from all that Booth said? A. 
It was a common expression, meaning he must be 
killed; that I understno<l always. 

(i Did he state under what circimistances that 
■would bcciime necessary? A. He said so soon as the 
C'onfcdcnicv was near givinsr out. so soon as they were 
nearlv wliipped. that must be done: that would iie tlie 
final "restmrce to gain the indeijendeuce of the Con- 
federacy. , .,.,.,. 

Q. Did the citizens who were with him engage in 
conversation? A. Ves sir. 

U- Did they seem to assent to his sentiments? A. 
Certainly. ^ ^ ^ , * 

Q. Did not Booth know that yon were a Confederate 
soldier? A. Yes sir: thev asKcd when they overtook 
me on the road, where I was goinsto; I told them I 
belonged to General Edward Johnson's Stalf, and was 
going to the army, coming from Staunton. 

Q. At what point did vou arrive together? A. I do 
not know the name ot the place: it is near the foot ol 
iheSwilt Bun G.ap. r^, ^ , . ^ 

Q Did vou meet there a number of Confederate om- 
cers— I speak of the end of your ride— with the Htune- 
wall Brigade? A. Yes sir: thut was about three or lour 
days afterwards; they wont I'rom me t)u- next day; my , 
horse could not keep up witli the other hor.ses; they 
were spleudidlv mffj'uteri. .jnd my horse was nearly 
broken down- so they we/toini threcor lour days alter- 
wardsl was called to some of the regimeural''^ camps 
and told that some stranscrs, friends of mine, wanted 
to see me; I did not know who it wa-: when I came to ; 
camp I found those three citizens, and was introduced 
by Captain Bandolph personally, lormally to Booth 
and letephens. . .„ . ^ .. . -r... * 1 

Q. Was that the Stonewall Bneade? A. It was at 
the camp of the 8e ond Virginia Ilegiment. i 

Q. Do vou, or do vou not .know, whotlier there was a | 
secret meeting of Uci)el oiiicers on that occasion? A. 
That evening there wtis a secret meetmg, where I was 
not admitted. ,. ^, ^ ,.. 

Q. Did thev state to you the purpose ol that meetmg. 
and wh-.u conclusion tliey reached? A. Some oflicer 
a'terwards, who wiis about the meeting, stated to me 
what wys I !ie purpose of it. ^ ,. ,. '"• 

Q. Was Bootli in that meeting? A. I believe so. ■ 
Thev were all in together. , . . ^, 

ti. Wbai did ho state to vou was the determmation 
and purpose of that nieeting? A. Thepurpo.seot the 
meeting was, as I was inlormed afterwards, to .sinid 
certain officers on detached service to Canada and the 
borders, and to deliver prisoners, to huj Xorihcni ctnrs 
<n axhrs. cwdflnrillv. to act after tli^ mnnhent of thr (_ 'nbi- 
net, and kilt thr Prnsidmt: that was the main pur- 
pose. I heard that more tlian a thousand times. biU 
never so much as at the lime when I was Informed it 
was the purpose of the meeting; I always considered 
It common brapgadocia be'iire. 

■ Q. What was the name of i lie officer who gave you 
this account of the proceedings Of the meeting? A. 
JjieutenantCockerill. 

Q. To what portion of thesorvice did he belong, do 
you know? A. To llie s.-cond Virginia Bcitinient I 
believe, ann the same Cumpanv that Caniain Bcall be- 
longed to ; the captain who was executed at Governor s 
lalaod. . „ „ 

Q. Was anything said as to what part Captain Bean, 
the one afterwards executed, was to play in the'^e 
movements at the North ? A. Co'-k-rrill told me Be.-iH 
■was oil detached ser\Mce, and wewi'Uld hear of him. 

Q. Cockcrill was a member ofthat meeting. I under- 
stood you to say ? A. "S'cssir. 

Q. Did vim while there see Booth nndCocfcerlH asso- 
ciated toL'cther? A. Idi'lnotsce them particularly; 
I saw them all in a crowd together. 

Q. Booth was associating with all the omcers? A 
He ■w-.is a-^sociating with u good many of them. 

Q Did you know of anv other secret association or 
ifaeetln'r.havingsimilarobjects, ntnny timein thoser- 
ViCP with which yon have been connected? A. I heard 
of the existence of secret ord-r.s lor certain purposes 
to assist t lie Confederacy; I beard one name very Irc- 
quantly called, the -uanie of oiic order, the "Golden 



Circle," and several times I heard the name of the 
'•Sons of Liberty." 

Q. I fow many years do you state you were in the 
Confederate service ? A. Not quite three years. 

Q. State whether, during the last year or two, since 
the reverses ol the Confederacy have commenced, it 
Pas 11ft bo"n (reely and frequently sookcu of in tlie 
Rebel service, as an object linally to be ceoinplslicd, 
theassa'sination of the Presideni of the United States? 
A. Yes sir, I heard tl.at very often. 

Q. Have you not heard it spoken of freely in the 
street.^ of Bichmond, among those connected with the 
Beliel Government ? A. Yessir. 

Q. About what time: when is the latest you can now 
recall having heard declnrationR of that sort e.t Bich- 
mond? A. At the tinir after thebattle oi Chancellors- 
villc. when I do not know what General it was. but be- 
lieve it whs General Kilpatrick. was en a ra-d near 
Ilichmond: at that time I heard it; I was in Richmond 
on a fnrloi gli at the same time. 

Q. \Vhene\er and wherever spoki^n of. do I under- 
stand vou tosaythat this s'^ntitnent of the necessity 
of the" assassination of the President of the United 
States was generally assented to in the .service? A. 
"Ves sir. 

Q. The "detached service" of which you sneak, on 
which these parties were to be sent, yon say r-^lated to 
Cana'ia. and t:;e destruction of the Northern cities 
alongthe< :inada Irontier? A. ]t was out'j'doof Ihe 
C(nfederate lines— cither hero in the Northern cities 
or in Can-ida. 

O. Did vou understand that the "detached service" 
was to be performed in that direction alongthe Can- 
ada frontier and in our Northern cities? A. This "de- 
taclied servic ■'' was a nickname in the Coniederato 
arm/ i'orsuch purposes. 

Q. It meant that sort of warfare? A. Yessir. 

Ci. Youspnkeoflaving the Northern cities in a.shes; 
did vou miderst-aid tliat that w:s file mode in which 
tlial warfare was to 1)0 conducted, by firing our cities? 
A. Yrs,f!ir; by flrinp thr riti'S dmin and fiet'in.t the 
prriul^dissriti.iiifd xri'.h thr var. and ini thai mennx to 
f/!-/7jfr forward a revolution among the people in the 
North. That was tlie purpose. 

No cross-ex ami nation. 

TheJudge Advocate offered in evidence, without ob- 
icctioji. the iiliotograph of J. Wilkes B-'oth, shown to 
the witness Van Steinacker. It is attached to this re- 
cord, and marked Exhibit No. 1. 

5?rs. 5Iary ETTncJspeih, 
A witriess cal'ed for the prosecution, beingdulysworn, 
testified .as r.llows:— 

Bv the Judge Advo'-ate.-Q. Where do you reside? 
A. At Harlrin.New York. . . ,, ,^ , 

Q Will VOU sia'e r.hether or not in the month or 
November last von were riding in the rafirord c.'irs of 
New York c'tv'. tlie Third avenue c:irs, :ind whether 
vou observed ihat there were two men in the cars that 
attracterl vour aUcntion. one of whom, on leaving the 
cars (Irov'ped a letter which you \ icked un ? A. I was 
sroingdown to thecitv; there were two ucntlemen in 
thecar^ wlicMier the^y we;e or not when I got in I am 
not confident: I overheard their convi ratirui ; thev 
■n-eret^ilkngmost earnestly; oneol them- aidbe would 
leave i'or Wasliingt mi theil^iv after to-morrow. r.ndthe 
other was going to Njv.bnr^h or Newbrrn thai night; 
thev left the car; the man that w;:s sittin^rnear me 
'•• pushed his hat forward, and with that pushed his 
I whiskers at thesame time; they were lalse wh'skers; 
I the front face was much darker than it was under the 

Cl^WaVlie avouugman? A. He was ycnng 
I O Do you think vou would recognize his ieatures 
agaiD? A. nhiuk I.sl'ould. • 
I n fExIdbiting to the witness the photograph of 
Both.KxhibitNo. 1.] Loo at that and say whether 
it recalls him to you? A. The fane is foe same: he had 
i a scaron his rigli' ch.eeK. . ,-^ „ 

' () Was it on the cheek or neck? A. It was some- 
thiVi'-'llkeubite. near the, iaw'rone. _ 

u Did vo 1 iud-e from h.is conversation tiathewas 
a nianor'edrcition and cultcre? A. lie was a man of 
education, and the other was not; the others name 

^^"o Did you observe his hands? did he seem to have 
been airian who bad led ali'eol e;isoor not? A. Tlie 
hand tVat was ungloved w.-s vcr.v beautir.il; t! eother 
hand hi-d a gauntlet on; they e> changed lot.ers in he 
c:irs;theone wholiad false wh'sktn p:iM)ac|i the let- 
ters in his pocket, and I saw a pistol in his belt. 

Q Did anv of the convcrsiuioii (all on your ears— 
were you : 1)!? to hear it? A. I overheard him say ho 
would leave lor Washington the day .Vtcr o;'-]'- 1'; ',^\- 

Q That is the one who had the iinrTo% c<l h^'.nd and 
false whisker'? A. Yes: and Ihcotlur was vtry angry 
becarse it l-.ad uotTalbn on him t.> go to W ashmgton, 
he h.".d been .■-fiii for to some iMace by a me-s'iigcr. 

Q You s^'v be spemcd very angry because it lu.d not 
fallen to bis lot to go to Washington instead o( the 
(rther? A. Vrssir: 1 had letters ot '".\ "«" VrP^hnf,* 
the Nassiui sin'et post onicc; one ol l'"^"' 'e't ^ibiiiit 
Twentv-slxth or Twenty-seventh street, and as he left 
I moved up into his place; the car was crowded mj 
dauM.ter .said thrt I had dropped f^.^^ "* ^nJ' ''^, ''^,'^"^ 
she'picked up rometbing and gave it to me; when t 
went down to the brokers', where I -was going \\it\x 



TRIAL OF THE ASSASSINS AT WASHINGTON. 




BOSTON COBBETT— THE EXECUTIONEB OP BOOTH. 



(3) 



TRIAL OF THE ASSASSINS AT WASHINGTON. 



43 



some gold. I went to take out my pocket book, and I 
Saw an envelope with two letters in it; I thought it of 
imporlaiice because of the conversation. 

Q. Are you certain it is the envelope with the letiers 
dropped by one of these men? A. It must have been 
because I saw them exchange letters, and there was no 
one else at that seat. 

Q. Was it picked lip at the point where they were 
eittinc? A. Yes. just at the end of my dress. 

Q. Would you recognize the envelope if you were to 
see it? A. Yes sir. 

Q. [Exhibiting an envelope with two letters.] Look 
at that, and see if it is the same envelope and letter. 
A. It is the same. 

Q. Were both letters in that envelope as you now 
have them? A. Yes sir. 

The letters were then presented and read to theCom- 
mission, as follows: — 

•• Dkab Lonis:— The time has at last come that we 
have all so wished 1 or. and ui)on you everything de- 
pends. As it was decided be;ore you lelt, we v/ere to 
cast lots. Accordingly we did so, and you are to be 
the Charlotte Corday of the nineteenth century. AVhen 
you remember the fearful,. solemn vow that was taken 
by us, you will lee! there is no drawback; ^fte must 
die, and now. Ycju can choose .your weapons. The 
cup. the knife, the bullet. 7'he cup failed us once, and 
mifiht arrain. Johnson, who will give this, has been 
likean enraged demon since the meeting, because it 
has not fallen ur.on him to rid the world of the 
monster. He says the blood of his gray-haired 
father and his noble brother call ujiAi hini for 
revenge, and revenge he will have: if he cannot 
wreak it upon the fountain head, he will 
upon some of the blood-thirsty generals. Butler 
would suit him. As our planswere all concocted and 
well arranged we separated, and as I am writing, on 
my way to 3:)etroii, I will only say that all rests upon 
you. You kpow where to find your Iriends. Your 
disguises are so perfect and complete that without on*' 
knewyour face no police telegraphic despatch would 
catch j-ou. The English gentleman, //ai'coi')-?, must 
not act hastily. Rrnicmber. he hasten days. Strike 
for your home, strij^e for your country; bideyour time, 
but strike sure. Get introduced, congintnUite liini, listen 
to lii.i stories: not many 7nore will Uiclnvtr tell to rarthhj 
friends. IJo anything but iail, and meet us at the ap- 
pointed place within the fortniirht. Enclo-e this note 
together with one of poor Leenea. I will give the 
reason for this when we meet. Koturn by Johnson. I 
wish I couki go to you. hut duty calls me to the Tt'e.5^- 
you will probably hearfrom me in Washington. San- 
ders is doing us no good in Canada. 

"Believe me, your brother in love, 

"Charles Selby." 

[The original of the foregoing is attached to this re- 
cord, and marked Exhibit No. 1.] 

" ST. Loins, Oct. 21, 1864.— Dearest Husband:— Why 
do .vou not come home? You lelt me for ten days only, 
and you now have been from home more than two 
weeks. In that long time onlj- sent me one short note. 
a few cold words, and a check for money, which I did 
notrefiuire, Wliat has come over j-ou? Have you 
forgotten your wife and child? Baby calls for papa 
until ray heart aches. We are so lonely without you. 
I have written to you again and again, and, as a last 
resource, yesterday wrote to Charlie, begging him to 
see you and tell you to come Jiome. I am so ill, not 
able to leave my room; if I was I would go to you 
wherever you were, if in thix world. Mamma says I 
must not write any more, as J am too weak. Louis, 
darling, do not stay away any longer from your heart- 
broken wife. LEENE.^." 

[The original of the foregoing is annexed to this re- 
cord, and marked Exhibit No. .''..] 

Q. At what time in November did you pick up this 
envelo|jeand these letters? A. The day Gen. Butler 
left New York: I cannot tell the precise dale, but Ge- 
neral Scott told mo he had lelt that morning. 

Q. Was that alter the Presidential election in No- 
vember? A. Yes sir. 

Q. What did you do with these letters after you ex- 
amined them and found tfieir character? A. I took 
them first to General Scott, who aslced me to read 
them to him, H;'s.:id he thought it was of great im- 
portance, and asked me to take it to General Bix: I 
did so, and gave it to General Dix. 

Q. You say the men exchanged letters: which was 
giving letters to the other, the large or the small man? 
A. They exchang'^d twice; the larger one gave them 
to the one next to him, and he handed them back, and 
they were exchanged.tfeain. 

Q, Did you see more than one? A. Yes sir. 

Q. Tho.^marer one, or educated one, said he would 
leave (or Washington the second day after. A. Yes; 
"the day after to-morrow." » 

No cross-gxamination. 

G. W. Bnnkor, 
a witness called for the prosecution, being duly sworn, 
testified as follows:— 

By the Judge Advocate— Q. Will you please state 
whether you were, during the last fall, and still are, 
clerk at the National Hotel in this city? A, I have 
been connected with the National^ Hotel nearly live 
years. 



Q. Did you know John Wilkes Booth? A. I did. 

Q. Was he in the habit otstoppingat thaihotel when 
he came to the city? A. I think he made that his 
home when in the city. 

Q. Have you the hotel books here for November 
last? A. Three of them are here. 

Q. Iwish jou to examine them and state whether 
John Wilkes Booth was a guest at the National Hotel, 
and was in the hotel in the month ofNovi-mber and 
if so, at what time, and at what time ho left" A. He 
arrived at the National Hotel Wednesday, November 
9, in the evening. 

Q. When did he leave? A. The memorandum states 
that he left on the morning of the llth. I see that one 
cash-book, which I supposed was here, is not, buitlie 
memorandum is correct, as it was made out in the 
hotel and receipted; but I have not the l)Ook to reler to. 

Q. When docs it apjiear (l.at he returned again? A. 
Herelurned November 14th, in the early part of the 
evening, and left again on the 16th. 

Q. Does it a|ipear at what time iie left on the 16th? 
A. I have not the book that I could refer to tor that; as 
it is not here. I am not able to siate. 

Q. Was he there during the month of October ? A. 
His name does not appear on the books for October, I 
believe; I have not looked that book through fully, a.s 
I was not so requested by the parties who came to tho 
hotel. 

Q. Have you taken from the books memoranda to 
enable you to state as to his subsequent arrivals and 
departures during tho lollowing months ? A. They are 
all contained in this memorandum from November 
9th. 

Q. When was his next return after leaving on No- 
vember i6th ? A. They areall included in this memo- 
randum from November !i. 1864, to Anril 8, 18115. 

Q. That paper, then, as .vou hold it in your hand, you 
state to be an accurate transcript from the books ? A. 
Yes sir, from ourbooks at the hotel. 

Q. Do you know who were his associates in the hotel 
generally wlien he was there— his room-mates? A. 
His most intimate friends? one was John McCuUough, 
an actor. 

Q. Was he his room mate? A. He roomed with him 
a portion of the time. 

Q. Could you name any other of his room mates dur- 
ing that time? A. John P. Wentworth, of California; 
he also roomed with Mr. McArdle. agent of Edwin 
Forrest, while he was rooming with Mr. McCuUough; 
the three occupied the same room. 

Q. That memorandum which you have brings him 
drwn to the 8th of April, you say? A. Yes sir. 

Q. Did he leave on that day? A. Tliat was his last 
arrival at the hotel. 

Q. He remained there until the assassination of the 
President? A. Yes sir. 

Q. Had he a room there at the time the President 
was assassinated? A. He had. 

Q. Were you present when his trunk was opened by 
the officers? A. I was not; I packed his baggage the 
next day and had it removed to our bagsage-room. 

Q. Do"you know John H. Surratt, of this cit.v? A, I 
do not by name: Booth had a great many callers that 
I knew by sight, but did not know their names. 

Q. Have you seen any of these prisoners before? A. 
I know'this small one with black whiske-s and impe- 
rial ; I do not know his name, but know him by sight. 
[Pointing to Michael O'Laughlin.] 

Q. Did you see him at the hotel ? A. Very often ; he 
fi'equently called on Booth. 

Q. Look at all the rest, and see if you recollect any ol 
the others? A. No sir, [alter looking at the various 
accused.] 

Q. You sav he called frequently. Would he remain 
with Booth 'in his room ; did he remain at night at any 
time? A. We were so busy during the winter that I 
never paid much attention to these tilings. 

Q. Do vou know how long these calls were con- 
tinued: whether thev were up to the last moment of 
Booth's Slav? A. I do not think I saw him the last 
few days of Booth's remaining there; I do not recol- 
lect tha't he called then. 

No cross-examination. 

The Judge Advocate offered in evidence, without ob- 
jection, the following portions of the memorandum 
spoken ofbv thewitness Bunker:— 

J. Wilkes Booth was not at the National Hotel 
during the month of October, 1864. 

He arrived there November 9; occupied room 20; 
left on earlv train morning of llth. 
Arrived again November 14th, and left on the 16th. 
His next arrival was December 12th; lelt December 
17th, morning train. „. , ^ ,, ' 

Arrived again December 22d; left 24th, 11-15 A. M. 

Arrived again December 31st; left January 10th, 1865, 
T-tlO P. SI. • 

Arrived again January 12th; left2Sth, 7'30 P. M. train; 
occupied re m 50,'r. 

Arrived again February 22d: occupied room 231, 
in company with John P. H. Wentworth and John 
McCollou,g'h. Wentworth wont into this room at the 
suggestion of Mr. Merrick, clerk, as they were short of 
rooms. Booth left February IS, 8-15 A. M. train, 
closing his account to date, inclusive. His name dof s 
not appear on tUeregiste.r, but another room is assigned 



44 



TRIAL OF THE ASSASSINS AT WASHINGTON. 



him. and his account commences March 1st, without 
any entrv upon ilie rectster orthat date; 2d, 3d and 4th 
he is called at 8 A. M.; 21st March, pays $oO ou ac- 
count, and lelt on 7-30 P. M. tr;;iu. ,,-~A„,il 

Arrived. March 2olh; room 231— to tea, and left April 
1st. on an afternoon train. 

Arrived agniii April 8th; room 228. Directly below 
Booth is resistered. of that date, the namo ol A. Cox; 
residence not known: it was cut out by some one who 
cut out the name oiKootli. _ ,*,,,•.„ 

[The original memorandum is annexed to this re- 
cord, marked Exhibit No. 4]. 

'^Villiani E. Wheeler, 
A witness called forthe prosecution, being duly sworn, 
testUied aslollow.s :— . 

By the Jud^e Advocate :-Q. Where do you reside? 
A i\Iv home'is in Chicopee. Massiiclui: etts. 

Q. NVere you in Canada during the last autumn ? A. 
Ygs sir 

Q. At what pointin Canada ? A. Montreal. 

Q Did vou meet there citizens of the Lnited States 
from tlieSouthern States? A. I met some. 
' Q Will you mintion some whom you met there, and 
when ? A. The only one there that I know the name 
of to swear to w;is Mr. Booth. „ ^^ ^, » » a 

Q. Do you mean John Wilkes Booth , the actor ? A. 

Q ^Where did vou meet him ? A.I was standing in 
froiit of the St. Lawrence Hall. Montreal, and saw him 
eo across from a broker's olHce on the opposite side. 

Q What time was that? A. I cannot say the day 
exactly, but it was in October or November last 

O, Did you see anv others who were pointed out to 
vou by name? A. There was another man who came 
across with him; who he was I do ii<,t know, and 
never heard his name; I spoke to Mr. Booth when he 
came across, and asked him if he was poin.L,' to open 
the theatre there: he said no, he was not. and lelt me 
directly, and entered into conversation with a third 
man vvho was there, and some time after that as 1 
was walking along with a gentleman, he pointed him 
out to me as George Sanders. 4. ♦„ 

Q. You saw Sanders and Booth In conversation to- 
gether? A. Yes sir. „, ^ v-rr^v, 

Q You did not see Clement C. Clay or Jacob Thomp- 
son? A. Kg sir. not to know them. ,• , . t 

Q You hud met Booth bOioro, and knew him? A. I 
had seen him play on the stage. In Springheld, Massa- 
chusetts. 

Ko cross-examination. 

JoSvu Deveiiey, 



A witness called for the prosecution, being duly sworn, 
iPstiUcd as follows:— . 

By the Judge Advocate-a Whore do you reside? 
A t amlivinsin Washinstonat present; my home is 
iu I'hihadelphia: at least my lather livi-s there. 

(). Were you during the past autumn or winter in 
CaTiada? A. I was. 

Q. At what point? A. At Montreal. 

111 what month were you there? A. I went over 
llieie in July, and lelt there on the 3d or 4th of Febru- 
ary; I forget which. . , .., x , ttt-h 

(.). Wereyou.or not, acquainted with John Wilkes 
Booth? A. Very well. 
Q. Did you meet him there? A. I did. 
Q. Tn company with whom did you see him there? 
A The first time I saw him in Canada, I saw liim 
standinj? in the St. Lawrence Hotel, Montreal. laUcmff 
V-Hth GCDnir N.Snndcrs. „ , x 

Q Can vou tell aboutwhattimethat was? A. I can- 
not tell you t lie month, but from what I have seen in 
the papers I am constrained to believe it wai in Ucto- 
bcr- but I am not willin'_'to swearit was inthat month. 
Q. Did thev, or not, seem to be intimate? A. They 
seemed to be'talkin^ very confidentially. 

Q W'-re thov drinkin'.; together? A. Yes; I saw 
them U.O into Dowleys anri 1k.vi> a drink together. 

Q. You mean Gcori;e N. Sanders? A. Yes; George 
K Sanders, who used to be Navy Agent at New York. 
Q. Did you se'- In C'.nada. at the same time, Jacob 
Thompsoii, of Mississippi, who was Secretary of tiie 
Interior under the Administration of President Bu- 
chanan? A. I saw Mr. Thompson. Mr. Clay, Mr. 
Tucker and several others; II ev were puinted out to 
tne but I was not .'iCqnaiiiteU Willi those (.:ent!emen. 

O You mean Clement C. < lay, < if Alabama, formerly 

TJiiited States Senator? A. That was the man; I mean 

him; I presume he was the man; he was pointed out to 

nieas that jjerson. ., „ ., „ . „ 

Q Did you have conversations with Booth? A. Yes, 

1 spoke lb him; I asked him wliat he was doing there; 
I nskea him, "Are you ;,'oint to play here?" knowing 
thai ho was an actor: he^aid no. he wxs not; said I, 
'•What arc you goiucio do?" said he, "I just came here 
on a visit, n pl<'asui¥ trip;" I sjiw in the papers alter- 
wards that ho h.ad been trying to make an cnga!;cment 
with Bucklaiid, of the Theatre Koyal there; but I do 
i;r)t helieve it. 

Q Vou sav vou saw him talking to Clay, Sanders, 
Ilolcomb and Thompson? A. I believe I did; I am not 
very po ;itive that 1 saw him talking to those parties, 
but I did see him talk to Sanders; that I can swear to, 
because I was standing up against a pillar in the hotel, 



and it was right in the hotel; Sanders was leaning 
against a pillar and Booth standing in front of him. 

Q. You sav you have seen others with Sanders? A. 
Yes sir. I do not know that I saw them there stand- 
ing talking to. Sandrrs that day. but I have seen those 
other men with Sanders at different times, talking to 
him. 

Q. And with Booth? A. I will not say that. I saw 
Booth talking to Sanders, though. Of that I am posi- 
tive, because these two were standing together when I 
came up: I just came from lbe])n.st otlice. which is op- 
posite the hotel; I came over and saw them talking 
there; I was surprised to see him. and that is what 
made me take pariieular notice of it: I thought, as a 
matterof course, became thereto play. 

Q. When was the ne,\t time you saw Booth? A. The 
ne.xtlime I saw Booth was on the steps of the Kirk- 
wood House, in this city, the night of the 14th of April, 
a lew minutes before five, or between five and six 
o'clock. . . . ,^ 

U- What occurred then? A. He was going into the 
hotel; I was standing talking to a young man named 
Callan. I think, who works in ono of Ihe Departments: 
he was formerly a sergeant of cavalry, I think ; I said 
toCalian,"I would like to go uptoWl Hard's Hotel and 
see if we can see General Grant:" Iliad never seen 
him: said I, "Will you come and go along?" He said 
"No: I have got aii en'jagement to be here at. five 
o'clock, to meet some person." So I did not go, but 
went into the hotel, saying, "I wonder what time 
it is now; it must be time for your friend to cume, it he 
iscoming.''A I went in and found It was hve, or five 
minutesofn, and said I, 'T guess you can go now; that 
ensa-ement is up;" he said. "No; I will wa;t alittlo 
longer." Just t lien Booth pa-ssedmegoing into the hotel, 
and turned around and spoke to me I a-<ked him 
when he came from Canada, for I did not knuw 
he had left there. He said he had been back lor some 
time, and was going to st ly heresomo time, and would 
seeireagain; tasked, "Are you going to play here 
again?" sjiid he, "No, I am )i< t going to play again: i 
am in the oil business:"' I laughed and joked at that, it 
heing.i common joi:e to talk ab,)nt the oil business; a 
few minutes afterwards X saw him coming down street 
on horseback, on a bay hoise: I io:k particular notice 
whi.tkind of a lookincr rig he had on the hor.se; I do 
not know what made me do it: the next I saw ol him i 
heardthespeechaiidsaw h m jumpoutol thelioxat 
the theatre, and wiieu 1:6 fe 1 he lell on one hand and 
one knee, and I recognized liim; he lei with '>i?.'ace 
towards the audience: I said, "He is John \\ i.kes 
Booth, and he h IS shot the Pre-idint:" I madethatre- 
niark right there: tliatisthe last ever I saw ol him, 
when he was running across th'jftage. „Ho,.a 

Q You say you are certain viu saw him and banders 
drinking tol-ether. as well as talking? A. Yes sir, I 
did- I am sure of it; Sanders s.ays h" never saw him: 
but Sanders tells a lie, because he did see him; I saw 
him talking to him. , „„„ 

Cross-examin.d by Mr. Aiken.-Q. How long have 
vou resided in this city? A. I havebeeii o'.r and on 
here lor a vear ir two: I was formerly an ofliccr in the 
armv Fourth J'.arvland Be-iment, as lieutenant in 
CopipanvE; I was in the employ of Adams' l.xpress 
Company a great many years, and worked with them 
in W.ash'ington for sometime. . 

0. Arc you acquainted with any of the prisoners? A. 

U You are not acquainted with John H. Surratt? 
A. isio, sir, I never saw him-in my life to my kuow- 

^'^lYvthe Court.-Q. Why did you say it was John 
Wilkes Booth, and that he liad shot the Prcsidcn? A. 
I did not know Sir. Lincoln had been shot htit it 
flashed on mv mind when Booth jumped out of that 
box th-t ho hV.d don.'such a thing, because I knew the 
Pro Went was in the box; I saw him go in, and I heard 
the pistol shot and the words, ■' Sic Srmprr Tu'-'ini^^- 
an.! Iknew Ironi my scuool-boy knowleuge that wa.s 
themotioof the Siaieot Virginia, x. »x, , ^a 

BvtheJudco Advoc:vte.-Q. You sav Booth shouted 
"SirSemi.n-riir<Annh-r A. I heard the words in the 
box: I think it wr.s P.ooth said that; I heard the words 
be'ore I saw the man. . ^ 

Q. Had he his knil' in his hand as he went across 
the stage? A. He had. .. „» 

Q Did he make anv remark as he crossed the stage? 
A it, is said ho did. hut r did not notice it; the excite- 
ment was so pr-at that I did not notice it: I chn sately 
swe;irthat I <lid not hear any remark; at least. 1 can- 
not call to mind that I did. 



I.,jentOMa!i«-«eJiei'aI riyssos S. Grant, 

A witness called lor the prosecution, being duly sworn, 

^'^Bylhe JmVge"ui'vocate.-Q. Will you state whether 
vou are acquainted with Jacob Thompson fornier.y 
feecrot:-.ry ol^ the Interior under President Lnrhanan » 
ndminisiratiou ? A. I met hiuionoe: that was when 
the army was lying opiiosite ^ '9l^'j^".'"r '^S:,^i,'ii,„.!? 
called Milliken's Bend and Young s Point: a 1 tile boat 
Wius discovered coming up on the opposite shore ap 
parentlv surreptitiously, trying to avoid detet-t on, 
and a little tug was sent out from the navy to pick it 
up; when they got to it they lound alittlo .^^'b'^'- '; p 
sticking out ol the stern ol the row-boat, and Ja^,ob 



TRIAL OF THE ASSASSINS AT WASHINGTON. 



45 



Tliomp^on in it; they brnnfflit him to Admiral Porter's 
flasi-ship, and I was sent lor and met him; I do not re- 
collect now the ostensible business lie had; there 
seemed to be nothing important at all in the visit, but 
he pretended to be under a flaj? of truce, and, there- 
fore, he liad to bo allowed to go back again. 

Q. When was tlial? A. Icannotsay whether itwasin 
January or February, 286.3; it was the first flag ot truce 
we h.id, tlioupla. 

Q. Did heprc^fess to be. and seem to be. In the mili- 
tarv sovvice of the Rebels? A. lie said he had been 
oilered a. commission— anythinij lie wanted, but know- 
Uie; that he was not a military man, lie pre.'erred hav- 
inir something; more lilveacivil appointment, and he 
had taken the place of an Inspector-General in the 
Kebel porvice. 

Q. Did he then hold that position? A. That was 
what he said, that ho was an Ius)iector-Goneral. or 
Assistant Inspector-(4oneral. with the rank of Lieu- 
tcnant-Colonel. I think he said. 

Q. The Military Department of Washington, a.s it is 
spoken of in military parlance, embraces the city of 
Washinc;ton. does it not, and did it notduring the past 
year? A. Yes sir. 

Q. And all the defenses of the city? A. Yes sir, and 
on the other side of the river and Alexandria. 

Q. It embraces all the fortitications on both sides? 
A. Yes, sir. 

Q. I have in my hand a copy of yonr commission as 
Lieutenant-Geiieral of the Armies of the United 
States, bearingdate the 4th dayofJIarch, 18(14; will you 
state whether or not since that time you have conti- 
nued to be in command, under that commission, of the 
Armies of the United States? A. I have. 

fTlie Judge Advocate offered in evidence, without 
objection, the corami^<;ion of Lieuten:int-(ieneral 
Grant, dated March 4, lSi!4. accompanied by General 
Orders No. iiS, March, which are appended to there- 
cord, marked E.xhlbit No. 6.] 

Cross-examined by Mr. Aiken.— Q. Are you aware 
that the civil courts are in operation in this city, aJl of 
them ? A. Yes, sir. 

Q. How Car towards Baltimore does the Department 
ol Washington extend? A. I could not say exartly to 
what point; any troops that belong to General Augur's 
command, however, that he Bends out to any point 
would necessarily remain under hiscommand; he com- 
mands the Department of Washington. 

Q. Is any portion of the State of Maryland in the De- 
partment ot Washington? A. Oh yes sir; martial 
law, I believe, extends to all the territory south of the 
railroad that runs across from Annap'olis, running 
south to the Potomac and the Ciiesapeake. 

Cross-examined by Mr, Ewing.— Q. Bv virtue of what 
order does martial law extend south of Annapolis ? A. 
I never saw the order; it is just simply an under- 
standing. 

Q. It is just an understanding? A. Yes sir, just an 
understanding that it dies exist. 

Q. You have nover seen any order? A. Ko sir. 

Q. And do not know that such an order exists? A. 
Ko sir, I have never seen the order. 

Jose5>Ii H. Somonds', 

A witness called for the prosecution, being duly sworn, 
testified as follows :— 

Ry the .Judge Advocate:— Q. Were yon acquainted 
with .1. Wilkes Booth, in his lifetime? A, I was. 

Q. What relation did you sustain to him— were you 
hisa^ent? A. I was his business agent, really. 

Q. In what region of country, and in connection with 
what liuslness? A, I was principally in the oil region; 
I did some little business for him in the city of Boston, 
but very little, which was entirely closed up belore I 
lelt there. 

Q. What was the character of his interest there in 
the oil region ? A. He owned a third undivided inte- 
rest at first in a lease of thrce-and-a-half acres on the 
Allegheny river, near Franklin. 

Q. For which he paid how much ? A. It was bought 
by means of contracting to pay off the old debts of 
that lease and carry on the work; afterward the land 
interest was bought, he furnishing one-half of the pur- 
chase money of the land interest, and owning one un- 
divided third as above stated. 

Q. How much did he pav ? A. The land interest cost 
$4000 : he paid $2000, one half of it. 

Q. Did he make any other investments on which he 
paid money? A. Yes sir. 

Q. What was the total amount of them ? A. He 
p-irchascd, for^iooo. an interest in an association there 
owning an undivided thirtieth of a tract. 

Q. What other purchases did he make ? A. That is 
all that he everabsolutely purchased; there was money 
spent in carrying on the expenses of this lease previous 
to his purchase of the land interest; at the time of the 
purchase of the land interest the work was stopped, and 
there were no more expenses. 

Q. These interests of which you speak were all that 
he possessed in the oil regions ? A . Yes sir; all that he 
ever possessed in Venango, to my knowledge. 

Q,. Did he ever realize anything from them ? A. Not 
a, dollar. 

Q. They were a total loss ? A. Yes; aa far as he was 
toncerned. 

Q. When did this occur ? In what year 7 A. The first 



interest he acquired in any way was either in Decern 
her, l8fl:), or January, 1S64; I cannot sav as to the date; it 
was only from his report to me that I knew of it; my 
irst knowledge of It w,xs in Mav. 1864; I accompanied 
mm to the oil regions in June, 1864, lor the purpose of 
taking charge of his business then". 

Q. Have you given the total amount of the invest- 
ment that Booth made? What do vou consider the 
total amount? A. The whole amoutit invested in this 
AUegliany river property, in every wav, was about 
JjOOii; I cannot give the exact figures in dollars and 
cents. 

Q. And the other investment was about SIOOO? A. 
Yes , sir. 

Q. Making $6000 in all? A. Yes, sir. 

Q. And that you know to have been a total loss to 
him? A. Yes, sir, that is. it was transferred; his busi- 
ness was entirely closed out there in the latter part of 
September, 1864; Ilhink on the ;;7th of .September. 

Q. Was it placed in your hands as trustee, or 
to whom was it transferred? A. Theie were 
three owners, as I have told you. He held aa 
undivided third. The three owners all decided to 
place the property in my hands as trustee to hoRl 
tor them. It was so mentioned in the deed, and their 
several names were mcMiiioned in the deed. Immedi- 
ately upon the executiim of th.at deed he asked me to 
make a deed conveying his interest away, which I did 
in accordance with his instructions. These deeds were 
properly executed, conveyinsr his whole interest away 
in that way. At the same time, this other interest in 
adifferent portion of (he countrv, on a different stream, 
for which he had paid .?l,000. he also transfered, which 
w.a.s done by a diflercnt process, bv assignment on the 
receipt which he held for his interest. 

Q. This was all done last fall? A. It was done in 
September; I think the 27th or 28th of the month. I 
cannot be exact a^ to the date It was done the day 
he lelt Franklin, the last time I ever sawhim. 

Q. AVere the conveyances without compensation or 
voluntary gilts? A. One was made to his brother, 
Junius Brutus Booth; which w.os without compen- 
sation, but a consideration was mentioned in the deed. 

Q. Butthere was none in fact? A. No sir; none in 
fact ; the other was to me. and the same consideration 
was mentioned, but it was done in consideration of my 
services, for which I have never received any other 

r^v. 

Q. There was nothing paid him at all on either of 
them? A. No sir ; not a dollar; and ho paid all the 
expenses of the transfer and the conveyances. 

Samuel P. Jones, (blind,) 

a witness called for the prosecution, being duly sworn, 
testified as follows :— 

By the .ludge Advocate.— Q. Have vou resided in 
Richmond at any time during the war ? A. I have. 

Q. State any conversations you may have heard 
there, to which officers of the Rebel Government were 
parties in regard to the contemplated assassination of 
the President of the United States. A. The nearest I 
know anything to tliat point among the ollicers tliere, 
is their common conversation in camp, as I would go 
about amongst them, and fheir conversations wouldbe 
oltliis nature :— That all suspicioned persons, or those 
kind ot people they were not certain were of their way 
of thinking, they would hush up as soon as they came 
near them: but after I found out what I could learn in 
n ference to these things, thev were desperately 
anxious that any such thing as this should be accom- 
plished. 

Q. Will you state any particular occasion? A. In a 
general way I have heard sums offered, to be paid with 
aConfederate sum, for any person or persons to go 
North and assassinate the President. 

Q. Do you remember any occa-ion when any such 
oflers weremade or any amount named, and by what 
kind of officers? A. At this moment r cannot tell you 
the particular names of shoulder-straps, Ac. 

Q. Do you remember any occasion— some dinner oc- 
casion? A. I can tell. vou this; I heard a citir^en make 
the remark once that he would give irom his private 
purse$10.000 In addition to the Confederate amount to 
have the President assassinated, to bring him to Rich- 
mond, dead or alive, for proof. 

Q. What was meant by that phrase, "in addition to 
the Confederate amount?'' A, I know nothing about 
that, anv more than the way they would express it; 
I shouldjudge, from drawing an ihrerence. that there 
was any amount olTercd by thefiovernment, in that 
trashy paper, to assassinate any ollicials that were hin- 
dering their cause, and even I have heard it down as 
low as a private or citizen; for instance, if it is not di- 
gressing from the purpose,. I know of a Kentuckian, 
but cannot tell j'ou the name now, that was putiing up 
at the Exchange Hotel, or otherwise, Ballard House, 
(they belong to the same property, and are connected 
by a bridge over Franlclin street); liewaT arrested 
under suspicion of beini a spy; I can tell you the name 
now, his name was Webster, if I rem':'ml)er ri-ditly; 1 
always supposed, from what I understood, that he 
came down to buy goods; but they took him as .t, .spy 
and hung him: whether it was in relerenco to this as- 
sassination I cannot saj'. 

Q. I understood you to say that it was a subject of 
general conversation among the Rebel ollicers? A. It 



46 



TRIAL OF THE ASSASSINS AT WASHINGTON. 



was: the Rebel off5cers,as thf y woulil be sitting around 
their tent Goors, would he conversin;^ on .sucli a sub- 
ject a Great deal; they would be savins; they would like 
to see liis head hroiikht there, dead or alive, and the}' 
should think it cnuld be done, and I have heard such 
things stated as that they had certain persons under- 
taking it. 

Samuel Knnpp Chester. 

A witnesscalled for the prosecution, being duly sworn 
testified as lollow.^:— 

By the Judge Advocate.— Q. Your prolession is that 
of aji actor? A. Yos sir. ' 

Q. nave yon known J.Wilkes Booth a good many 
years? A. I have known him abont ten or eleven 
years, since I lirst met him. 

Q. Quite intim.'itely. I suppose? A. For about six or 
seven years intimately, 

Q. Can you recall a conversation which you are sup- 
po-<ed to have had with him in November hisl in New 
York? Yes sir. 

Q. What time in the month was it? A. I think it 
was in IS'ovi^mber that I had a conversation with him. 
Q. What time in November? Stale about the period 
oftime. A. I cannot think of the exact date, but it 
was in the erfrly portion of November; one day we 
were in conversation, and I asked him whj' he was 
not acting, and he told me that he did not intend to 
act in this portion of the country again: that he had 
taken his wardrobe to Canada, and intended to run 
the blockade. 

Q. Did you meet him after that, and have some con- 
versalinn with him in regard to oil speculations, or was 
It at the same time? A. No sir: the next time I met 
him was about the time we were to play JuHus Ccr.iar, 
which we did play on the 2.5th of November; and it 
was either on the 24th or 2">tti tliat he asked me to 
take a walk with him, or askfil if I knew some cos- 
tumers. where ho might get some dresses for his cha- 
racter in that play; and I asked him where his own 
■wardrobe was. 

Q. Was that in the city of New York? A. Yes; I 
never had any conversation with him relative to 
this iiffair out of New Y('rk:hesaid it wasstillin 
Canada, in charge of a friend, and I think lie said, 
named Martin: I will not be positive, but I think he 
said it was in Montreal: he did not say anything to me 
at all about the oil business then, that I remember. 

Q. Hid he not ask you how you would I ike to 
go into the oil business with him? A, Not in the 
oil business: he never mentioned that. 

Q. He told you he had a big speculation on hand? A. 
Yes, sir. 

Q. D.d he a«k yon to go in with him? A. Yes sir: I 
met him, and he was talking with some friends, and 
thev were joking with him about the aiJair; I met him 
on Broadway: after he lei't them he said he had a bet- 
ter speculation than that on hand, and one they would 
not laugh at; some time alter that I met him again 
and he again talked ot this speculation, and nskei me 
how I would like to go in with him: I told him I was 
without means, that I could not; and hes'iid it did not 
matter, lie always liked me and would tiiinish the 
means: the next time I heard from him he was in 
Wa=ihington. 

Q. State the whole of the conversation in which he 
urged you to go into this speculation in New York. 
A. As weil as r can remember. I will tell >on imm 
beginnine to end. He left me tlien in N(w York, 
and I received several letters from him from Wusli- 
ington. telling me he wasspeculatin'.;in farms i:i lower 
Mar.vlaud and was sure to coin monev; that I must 
go with him to Viririnia, and still lelPng me that I 
mustjoin him; that I paid very little attent on to it. 
Then about the latter part of December or earlv in 
January. I will not be positive which it was, but "late 
In December or early in January, he came to New 
York; I then lived at No. -Jr. drove street; he asked me 
totake a walk with him; I did so; we wontoutand 
went into a .--aloon known as the House of Lords, on 
Houston street; we rr mainpd there a considerable 
time: I suppiisean hour, eatin:,' and drinking; lie had 
often mentioned thisaffair, Ihit i ;, hi a sp c.ilaiion: but 
would never say what it was; j!' l would ask liim what it 
was hewcinid say he would tell me b\-aiid-l)y. We 
le:t there and went toaiioljier saloon'nnder the Re- 
vere House, and ate some oysters. We then started up 
Broadway; I tlionght it was time to go home, and my 
way was down Bleeeker street, that is. upJJroadway 
from the corner of Houston, and I had lo turn down 
Blcectcr street to get to (irove street; I l);ide liini good 
night. Heasked me to walk a i>iece furtlii r up the 
street with him, and I did so; I walked a siiuare. that 
is, to Fourth street, or next street: he asked me to 
walk up there with him, and I did so; hea-ikrdmeto 
walk up Fointh street because Broadwav was 
crowded; he said Fourth street was not so fulTorpeo- 
ple as Broadway, and he wanted to ie:l me about that 
speculation; I walked up there with him. and when 
we got into an unlrequented portion oftho street, he 
stopped :ind told mo then that he was in a large con- 
Bpir.ocy to capture the heads of the Government, in- 
cluding the Pi esideiit, and take them to Itichmond; I 
a ked h m if ili:it was what lie wished av to go in; he 
paid it wa.s; I told him I ((juld not do it. that it wm.s v.'.-i 
impossibiiity; only to tiiink of luv lanuly: he said ho 



had two or three Ihous.-ind dollars that he could leave 
them; I still said I could not do it; he urged it, and 
talked with me for, I suppose, twenty minutes or half 
an hour, and I still refused: he then told me that at 
least I would not betrav him, and said I dare not; he 
said lie could implicate me in the affair, any how: he 
said that the party were sworn together, and that it! 
attempted lo betray them I would be hunted down 
through life, and talked some more about tl:e affair; I 
cannot remember it now; but still urging me, saying I 
had better go in; I told him do, and bade him good- 
night, and I went home. 

Q. Did he indicate to you what part he wished you to 
play in carrying oat this coii'-piracy? A. Y'es sir, 

Q. What (lid hesa.v ? A. Tnat I was to open the 
back door of the Theatre at asisnaL 

Q. Did he indicateat what Theatre this was to occur? 
A. Yes; he told me Ford's Theatre: because it inu^t be 
some one acquainted or connected with the Theatre 
who could take part in it. 

Q. Ford's Theatre in Washington ? A. Y'es sir. 

Q. Did he urse you upon the ground that it was an 
easy affair, and that you would have very little to do ? 
A. Yes, he said that; that was all f woulci have to do, 
he said. Hesaid the thing was sure to succeed. 

Q. Whatprsparationadid hesay, if any. had been 
made toward the conspiracy? A. He told me that 
everything was in readiness: that it was sure to suc- 
ceed, for there were parties on the other side reiady to 
co-operate with them. 

Q. Did you understand from him that the Rebel 
Government was sanctioning what he was doing ? A. 
He ni'ver told me that. 

Q. Whatdo you mean by parties on the other side? 
A. I imagined that they were on the other side, but 
he did notsa.v who they were: I mean they were those 
people: hesaid on the other side. 

Q. Did he mention the probable number of persons 
engaged in the conspiracy? A. He said there were 
from fifty to a hundred; he said that when he lirst 
mentioned tlie affair to me. 

Q, Did he write to you? A. He wrote about this 
speculation, ana then he wrote to me again; that must 
have been in January, 

Q. Have you lliose letters? A. I never kept my let- 
ters; every fsunday I devote to answering my corre- 
spondents, and generally destroy their letters then. 

Q. Did he or not make you any remittance with a 
view of enabling you to come to Washington ? A. Oh 
yes sir; after I had declined going, had refused him, I 
got a letter from him stating that I must come: this 
was the letter in which he luld nie it was sure to suc- 
ceed ; I wrote ba-k tlKit it was impossible; 1 would not 
come; then, by return mail. I think. I got another let- 
ter, with?5:j inclosed, saying I must come, and must be 
sure to be thereby [Saturday night; Ididnotgo; I had 
not been out otNew York since last summer. 

Q. Can \ ou remember the time j"ou received the last 
letter with the $50 in it? _A. That was in January, I 
think. 

Q. Y'ou say he said be had .«1000 to leave to .vour fa- 
mily? A. That was before, at the first interview. 

Q. Did he. at the time he sent you the first ij.30, men- 
tion any more? A. In the letter he did not. 

Q. Did he speak ot Jiaving plenty of funds for the 
purpose? A. Not in his letter. 

Q. Did he in his conversation ? A. In his conversa- 
tion alter he came to New Y'ork again. 

Q. What did hesay then? A. When became to New 
York he called on me a^aiu and asked me to take a 
walk with him. and I did so; he lold me that he had 
been trying to get another party tcujuin hiin named 
John Matthews, and when hetoid himwhatliewanied 
lo do that the man was very much frigiiteiied, indeed, 
a:id would not join him, and he said he would not have 
cand if he h id sacritired him; I told him I did not 
think it was right tos,!i ak in tiiat manner; hesa'd no, 
ho w.is a coward, and was not lit to live; he then asked 
meagainVo Join him; he lold me I must do so; be 
said that there wasplenty ofmoney in theulfair; thatif 
I woulddoit J would never want again as longas I lived; 
th;it I would never want for iiioney: he said that the 
Presidentand some of theh'aiUi f the G ivernment 
came tothetheatrevery IVequei it ly during Mr. Forrest's 
engagements; I still nrgedhiiu n )i to mention theaffair 
to mettothink of m.v I'oor family; he said lie would 
provide Ibrmy going with him; I still re'lised; hesaid 
he wnuldruin'me in thenrofession if Ididnot go; I told 
him I could not help that, and begged or him not to 
mention the atl'air tome; when l,e found I would not 
go, hesaid lii^ honored my moihcr and respected my 
w fe, and he was sorry he had menti:jnfd this allair to 
me, and told me lo make my mind easy, he would 
trouble nieabnut it no more: I then returned him the 
money he .sent me: hesaid lie would not allowmeto do 
so, but that he was very short of fiin'ls— so very sliort 
that ei her himself or some of the parly must go to 
Richmond to oh: aiii means to c.irry out their designs. 

Q. lie said, however, that there was plenty of 
money in the enterprise? A. Yosir. 

Q. When did t'lis last cjnversaiiou occur? A. That, 
I think, was in February. 

Q. Did he have any conversation with you at a later 

period, after the inaugurutiou, as to the o)ipo; tu:; t/ 

which l:e had lor the aiS:'.ss:n.\tion of the Prcic^ent? 

1 Did he speak of that? A. Y'es sir; ou Fridayroue 



TRIAL OF THE ASSASSINS AT WASHINGTON. 



4t 



week previous to the assassination, he was in New 
Yorlr.' 

Q What did he say then? A. We were in the House 
of Lords at ihe time, sitting at a table, and liad not 
been there lontc bel'ore he exclaimed, striking the 
table, " What aii'exceacnt chance I had to kill the I^rsi- 
dent,if Ihadu-i^hcd.on Liaugurution JJay;" that was 
all he said relative to that. 

Q. Did he e.xplain what the chance was? A. No; he 
said he was as near the President on that day as he 
was to me; that is all he said. 

Q. Can you tell at what time In February he said it 
would be necessary to send to Richmond lor money? 
A. No sir; I cannot tell positively. 

Cross-examined by Mr. Clampitt.— Q. Did he men- 
tion any names of those who were connected with 
him in this plan as communicated to you in relerenoe 
to the assassination of Mr. Lincoln? A. No, sir, not 
that I am aware of. 

Q. You never heard him mention any names? A. 
I never did. 

Cross-e.xamined by Mr. Ewing.— Q. Do I understand 
you to say that hespol<e to you of a plan to assassi 
nate the President and to capture him? A. To cap- 
ture him. 

Q Did he sav anything to you as to how he would 
gethimolf? A. No. 

Q. As to where he would take him ? A. To Eich- 
mon^ 

Q. By what route ? A. He did not say. 

Q. He spoke of there being persons on "the other 
side?" A. Yes, sir. 

Q. Did he use just simply that expression, or did he 
explain what he meant by the "other side. ' Whatdid 
you understand hlni to mean ? A. He did notexpJain 
ID at all, but I supposed it was in tue South. 

Q. Across the lities? A. Yes, sir. 

Q. Across tiie river ? A. Across the Potomac. 

Q. Did hesay nothing to yon as to the means he had 
provided or proposed to provide for conducting the 
President after he should be seized? A. No, sir; on 
one occasion he told me that he was sellins; off horses 
alter he bad told me that he had given up this project. 

Q. AVhen did he say to you that he had abandotrtd 
the idea of capturing the President? A. In February, 
I think. 

Q. Did hesay why he had abandoned it? A. Hesald 
the atlair had fallen through owing to some of the 
parties backing out. 

Q. On what day was It that he said to you what an 
excellentchance he had^for killing the President? A. 
That was on a Friday, one week previous to the assas- 
Blnation. 

Q. On what day of April was that? A. The 7th. 

Q. Did hesay anything to you as to his then enter- 
taining, or having before that entertained, the purpose 
to assassinate tliePresident? A. No.tsir. 

Q. Did he say anj'thing to j'ou then as to why he did 
not assassinate the President? A. No. sir; that was 
the only exclamation he made use of relative to it. 

Q. State his exact words if you can? A. He said, 
"what an excellent chancel had, if I wished. to kill the 
President on inauguration day; I was on the stand 'las 
close to him nearly as I am to you." That is as near 
his language as I can give. 

Q. State how far he explained to you his project for 
capturing the President in the theatre? A. 1 believe I 
have stated as far as I know. 

Q. Did he ever indicate how he expected to get him 
from the box to the stage without being caught? A. 
No, sir. 

U. Did he say how many were to help him in seizing 
the President? A\ No sir. 

Q. Did he name any other officials who were to be 
seized besides the President? A. Ko: the only time he 
told me. he said "i/te heads of the Government, including 
tlu: I'residf.nt." 

By the Judge Advocate.— Q. I understood you to say 
that he staled tliut the particular enterprise of cao- 
turing the President and heads oitlieC4overiiinent had 
been given up, and that in consequence he was selling 
olf the horses he had bought for the purpose? A. Yes 
sir. 

Q. He did not state to you what mode of proceeding 
had been substituted for that, out simply that that one 
had been given up? A. He told me they had given up 
the affair. 

Q. That it had fallen through? A. Yessir. 

Tlie Commission then adjourned until to-morrow. 
Saturday mornmg, May 13th. at 10 o'clocK. 



THE PROC'EEOINGS OF TUESDAY. 

Washington, May IG.— According to the intention 
declared at the closing of the preceding session, the 
Court paid an informal visit, at half-past nine o'clock 
this morning, to the scene of the President's assassina- 
tion. The visit was made at the suggestion of the 
Judge Advocate-General, with the object of enabling 
the Court to acquire, by visual observation of the now 
historic locality, such a knowledge of it as would ren- 
der a more per;ect understanding of all the evidence 



dependent upon Its Intricacies accurate and more 
easy. 

The Court arrived at the appointed hour. Through 
the usual courtesy of the Judge Advocate-General, and 
of the President of the Court, the reporters of the Press 
were admitted. The announcement of the intended 
visit caused qoiteacrowd to assemble at thelrontof 
the theatre. Nothing is changed there. Having seen 
all there was to be seen, the several members started 
for the Court room at the Penitentiary, and, on their 
entering it, the prisoners weVe brought into the dock, 
and many eyes instinctively turned towards Spangler, 
who sat down listlessly and leaned back against the 
wall, staring vacantly. 

During the reading of the record. Mr. Daniel Stanton, 
who was present, was permitted to amend the record of 
his own testimony delivered on the previous day. In 
the amendment, his answer to the question, "Did he 
ask in regard to General Grant?" now reads, "I meant 
to say that the man did ask for General Grant," in lieu 
of "I don't recollect that he did." Mr. Stanton also 
added, that the man referred to said he was a lawyer, 
and knew Mr. Stanton very well. 

The Court took its usual recess, after which the read- 
ing of the lengthy record was resumed by Mr. D. F. 
Murthy. The reading being concluded, the Court pro- 
ceeded to the reception of testimony for the prosecu- 
tion. 

Examination of Jolin Borrow, alias 
'"Peanuts." 

Q. State whether or not you have been connected 
with Ford's Theatre, in this city? A. Yes sir. 

Q. In what capacity? A. I used to attend to the 
stage door and carry bills in the day time; I attended 
to Booth's horse, stabling a«d cleaning him. 

Q. Doyouknuw John Wilkes Booth? A. I knew 
him wnile he kept his horse in the alley in that stable 
there. 

Q. Immediately back of the theatre? A. Yes sir. 

U. Did you seejiim ontheafternoonof the assassina- 
tion? A. I saw him bring a horse into the stable, .about 
five or six o'clock. 

Q. State what be did? A. He brought him there and 
halloed out for Spangler. 

Q. Did Spangler go down to the stable? A. Yes, sir; 
he asked him for a halter, and he went down for one. 

Q. How longdid he remain there? A. I don't know; 
I think Madilox was there, too. 

Q. Did you see him again that evening? A. I did, on 
the stage", that night. 

Q. Did you, or not, see him when he came with his 
horse, between nine and ten o'clock? A. No, sir, I did 
not. 

Q. Did you see the horse at the door? A.I saw him 
when Spangler called me out to hold him. 

Q. State all tliat happened at that time: did you see 
Booth when became with his horse? A. No, sir. 

U. Did you hear him call for Spani,'ler? A. No sin 
ut I heard a man call Ned, and tell him Booth wanted 
bim. 

Q. Who held Booth's horse that evening? A. I held 
him that night. 

Q. Who gave you the horse to hold? A. Spangler. 

Q. What hour was that? A. Between mne and ten. 

Q. How long bel'ore the curtain wa.s up? A. About 
fifteen minutes. 

Q. Whatdid Spangler say to you? A. He told me 
toliold tlie horse; I told him I had to attend to my 
door; then he said if there was anything wrong, to lay 
the blame of it on him. 

Q. Did you hold him near the door? A. Against the 
bench near there. 

Q. Did you hear the report of the pistol? A. Yes. 

Q. Were you still on the bench when Booth came 
out? A. I got ofltlie bench then. 

Q. Wbat aid hesay when he came out? A. He told 
me to give him his liorse. 

Q. Did you go again to the door? A. No, I was still 
against the bench. 

Q. Did he do anything else? A. He knocked me 
down. 

Q. With his hand? A. No, with the butt of his knife, 

Q. Did he strike you again or kick you? Did he say 
anything else? A. He only halloed "Give me the 
horse." 

Q. And rode ofTimmediately? A. Y'esslr. 

Q. State whether or not you were in the President's 
bo.x that afternoon? A. Yessir. 

Q. Who decorated or fixed the box that afternoon? 
A. Harry Ford put the flags around it. 

Q Was or was not theprisoner, Spangler, in the box? 
A. Y'es sir, he was there with me. 

Q. What was he doing? A. He came to help me to 
take the partition out of the box. 

Q. Do you remember Spangler saying anj-thing ? A 
He damned the President and Gen. Grant. 



48 



TRIAL OF THE ASSASSINS AT WASHINGTON". 



Q. Did he sav anvthing in addition to that ? A. No 
sir- I tokl him'he should not curse a man that way, 
that he did him no harm; he said he ought to be 
cnrsedforgettins so many men killed. ., ^ . . ^ 

Q. Did he or did he not say what he wished mi?htbe 
done to General Grant and the President ? A. Ko sir; 
I.don t remerabor that he did. 

Q. Was there or was there not anything said in the 
course ol'tliat conversation as to what might or might 
not be done to the President or Gon^-ral Grant? 

Mr. Ewhig objected to the last three questions, and 
insisted on his objection being entered upon there- 
cord, which it was. 

Cross-examination by Mr. Kwinp.— Q. Did you say 
you did not hear anybody calling out lor Spaugler? A. 
I heard Deverneycall him, and telling him that Mr. 
Booth wanted him out in the alley. 

ti. Who is Deverney? A. An actor in the theatre. 

Q. How long was It after that before Spangler called 
you? A. Not very long; about six or seven or eight 
minutes. ,, ^ 

Q. Wiiat were vou doing when Spangler called you? 
A. Silting in front of the door entrance on the left. 

Q. What business were you doing? A. I was attend- 
ing to the stage door. 

Q. What had you to do at the stage door? A. To 
keep strangers out, and not allow them in unless they 
belonged there. 

Q. And you told him you could not hold the horse, 
and had to attend the door, and ho said if anything 
went wrong to lav the blame on him? A. Yes sir. 

Q. Were you in' front of the theatre that night? A. I 
was out there while the curtain was down. 

Q. You went ov>t at ■ every aci? A. I go out every 
night everv time the curtain is duwn. 

Q. Was Booth in front of the theatre? A. No sir; I 
did not see him. 

Q. Was Spangler in front of the theatre? A. No sir. 

U. Did you ever see Spangler wear a moustache? A. 
No sir. 

Q. Do vou know whether Spangler had on any whis- 
kers that night? A. No sir, 1 did not see any. 

Q. Was not Spangler in the habit of hitching up 
Booth's horse? A. Yes, he wanted to take the bridle 
off, and Booth wouldn't let him, 

Q. When? About six o'clock; he didn't take it off, 
but he put a halter round his neck, and took the sad- 
dle off. 

Q. Was not Spangler in the habit of bridling, sad- 
dling and hitching up Booth's horse? A. Yes, when I 
was not there he would hitch liim up. 

Q. Was he in the habit of holding him when you 
were not about? A, Yes, and he used to feed him 
when I was not there. 

Q, You and Spangler together attended to Booth's 
horse? A. Yes: Mr. Gifford said he would give me u 
good job if I knew how to attend to horses; I said I 
knew something about it, and that is how 1 got to 
attending on Booth's horse. 

Q. Do you know the way Booth went out after he 
jumped out of the President's box? A. No sir; I was 
out atthe time. 

Q. Do you know that passage between the green 
room and scenes, which leads to tlie back door? A. 
Yes, on the other side of the stage. 

Q. The one that Booth ran through? A. I don't 
Know which entrance Booth ran through. 

CJ. Was Booth about the theatre a great deal? A. 
He was'nt about there much; he came there some- 
times. 

Q. Which way did he enter generally? A. On Tenth 
street. 

Q. Didn't he sometimes enter the back way? A. 
Sometimes. 

Q. How far is the stable where Booth kept his horse 
from tlie'back entrance of the theatre? A. Two hun- 
dred yards. 

Q. Do you recollect what act was being played when 
you first went out to holdBooth's horse? A. I think )< was 
the first scene of the third act: the scene at curtains 
across thi' door; it was the first scene. 

Q. Was tliat scene being played when you went out? 
A. Yes. sir: they hadjust beeji closing in. 

Q. Did you ever have the name of ''Peanuts?'' A. 
That's a name they gave me when I kept a stand there. 

By Judge Iloll.—ci. Did Booth have more than one 
horsethrre? A. Nosir. 

Q. Did I iitidcistand you to say there was only one 
horse in the stable that afternoon? A. That is all 1 
Baw, and I was there between live and six o'clock. 

By Mr. Ewing.— Q. Do you know what side of the 
theatre Spangler worked on ? A. On this side, on the 
teit ; ho changed the scenes on the lelt. 

Q. Is that the side the President's box was on? A. 
Yes sir. 

Q. Was that the side you attended the door on? A. 
Yes sir, that's the side. 

Q. When you were away didq't Spangler attend to 
the door for you? A. Yes sir. 

Q. His position was near where your position was ? 
A. Ycssir. 

Q. What door was that; was It the door that went 
into the little alley? Yes sir: the alley from Tenth 
street. 

Q. Yoa attended tbere to see that nobody came in 



who was not authorized? A. Yes sir; when the curtain 
was down I used to go outside. 

Q .When the play was going on v,-ho was thereon 
that side who shoved the scenes except Spangler'' A 
There is another man on that side; two work on that 
side, and three on the other. 

Q. Who was the man that worked with Spangler on 
that side? A. I think his name isSimonds. 

Q. Wiio works on the other side? A. OneisSukay. 

Q. When the play is going on do these men always 
stay there? A. Yes sir. 

Q. They had to stay to Shove the scenes? A. Yes sin 
always so as to be there when the whistle blows, but 
sometimes when the scene would last a whole act they 
would go on the other side. 

Q. Did they not go out? A. Sometimes they would 
go out: not very often though. 

By Judge Holt.— Q. Was there another horse in that 
stable any day before? A. There were two on one 
day. 

Q. How long before that was it that there were two? 
A. Booth brought a horse and buggv there on Sundaj'. 

Q. Whatwas the appearance of' the horse? A. It 
was a little horse; I don't remember the color. 

Q. Do you remember whether he was blind of one 
eye? A. Kosir; the lellow who brought the horse 
there used to go with Booth very often. 

Q. Do you see that man among the prisoners h^e — I 
mean the man that brought the horse? A. N(^ir, I 
don't see him hete; this fellow. I think, lives in the 
Navy Yard; I saw him go in a hou.se one day there 
when I carried the bills down. 

By the Court. —Q. Did you see Booth the instant he 
left the backdoor alter the assassination of the Presi- 
dent? A. Yes sir, when he rode off. 

Q. Now wliicli door was it, the small or the 
large one that he came put? A. The small 
door. 

Q. Wasanybodyelseat that door? A. I didn't 
see anybody else. 

Q. Did Spangler pass throngh the door into 
the passage and back again while you were sit- 
ting at the door? A. I didn't take notice. 

Q. You didn't see him go out or come in 
wliile yon were there? A. No .sir. 

Q. Yoit say lie -was in the President's box the 
(lay of the murder. What time of day was that? 

Q,. Did all of you know that the President 
was to bo tliere that night? A. I heard Harry 
Ford say so. 

Q. Did yon hear Spangler speak of it? A. I 
told hlin tlie President was to come there. 

Q,. What time was that? A. About three 
o'clock, -when we went to take the partition out. 

Q,. Who went into the box with you at that 
time? A. There was me, Spangler and Jake. 

Q. Who is Jake? A. Theycallhim Jake, that's 
all I know. 

Q. Is he a black or a white man? A. A white 
man. 

Q,. How was he employed in the theatre ? A. 
He is a stage carpenter. 

4. Is he employed there regularly? A. He 
was at work there night and day. 

Q,. He had been there for some time? A. For 
three weeks. . 

a. How long did yoit stay with them m the 
box? A. Till we took the partition out, and af- 
ter that we .sat down in the box. ' 

Q. Did you observe what else they did in the 
box? A. No; Spaugler said it would be a nice 
place to sleep in. 

Q. Did yon observe anybody hanltering with 
the lock of the interior door? No, sir. 

Q. Do vou know anything of the preparation 
of that bar inside ? A. No sir; there were three 
musicslands tliere and I threw tlu-m down on 
the stage; tlioy were left there the night there 
was a ball in the theatre. 

Q. Do you know whether it is customary to 
have that bar there? A. Nosir. 

Q. There never was anything of that kind 
there before. A. No sir. 

Q,. You don't knojv who put the bar there ? 
.•\. Nosir. 

Q. Nor who made the preparation font? A. 
Nosir- I brought the flags in a box and left 
t hem there; after wo got through that I brought 
the box that had contained the flags and came 
down. . ... 

Q. Whocarried the ke>-s of the private box? A. 
They were always left in the box office. 

Q,.' Do you know who besides had been there 
that d;iy"? A. No sir. I do not. 

Q. Did you see anybody in the box occupied 



TRIAL OF THE ASSASSINS AT WASIIINGTOK 



49 



by the President during the day except when 
Spaugler and yourself were there? A. No sir. 

Q. Wlio fixed and repaired the locks on the 
private boxes generally? A. 1 don't know sir. 

Q,. Were there locks on the private boxes? 
A. Yes sir. 

Q,. Inside or outside? A. Inside. 

Q,. Wlien you went down after you left the flags 
there, did you leave .Spangler and the other man 
at work then ? A. No sir; they went down on the 
stage. 

Q. Did you see anybody at work in that box 
on that day? A. ^iobody only Harry Ford, flx- 
ing the flags. 

Ke-cross-examined by Mr. Ewing.— Q,. When 
you went tor the flags, did Spaugier and Jake 
leave the box at the same time? A. Yes sir, 
they went down at the same time. 

Q,. Where did you go then? A. I went home. 

Q,. How long were you gone? A. No more 
tlian to go down stairs and bring the flags and 
leave them in the box. 

Q,. Who next went in ? A. Harry Ford was 
there ttxing the flags, and that's all I saw. 

Q. What time was that ? A. About half-past 
foui^'clock he was fixing the flags. 

Q,. Do you know whether Spangler went there 
then ? A. No sir. 

Q,. Wliat furniture was in the box then? A. 
Those cane-seated chairs. 

Q,. Were there any red cushioned chairs, high 
backed? A. I didn't see any. 

Q,. Didn't you see Spangler in the box after 
that ? A. No ; the last 1 saw was Harry Ford in 
the box. 

Q. Do you know where Spangler went to? A. 
No sir. 

Q,. Where did you see him next? A. When 
Booth called liim. 

Q. Where *id you go? A. I went to the front 
of the house, on the steps. 

Q,. How long did you stay there. A. Not very 
Ibng. 

Q. Where did you go then. A. I came inside. 

Q,. Did you see Spangler inside then? A. No 
sir; tliat was about the time lie went to the 
house, and I went there too. 

Q,. What time was that? A. Between Ave and 
six o'clock. 

Q,. Are you acquainted with Surratt? A. 
No sir; I may have seen him, but I never heard 
of liis name. 

Mary Ann Turner (Colored) Sworn. 

By Judge Holt.— Q,. State to the Court where 
you reside in this city. A. In the rear of Ford's 
Theatre, about as far from it as the gentleman 
who sits there is from me, about ten feet. 

Q. Did you know J. Wilkes Booth ? A. I knew 
him when I saw him. 

Q. State what you saw of him on the after- 
noon . f the Iltli of Aprillast? A. I saw him be- 
tween three and four o'clock, to the best of my 
recollection, standing in the back door of Ford's 
Theatre, with a lady standing by him; I did not 
take very particular notice at that time, and saw 
no more of him till, I suppose, betwefti seven 
and eiglit o'clock that night; he was carrying a 
horse up to the back door; he opened a door and 
called for a man by the name of Ned three times, 
if not more; this Ned came out, and I heard him 
in a low voice tell Maddox to step here; Maddox 
came, and I seen him reach out his hand and 
take the horse away; Ned then went on into the 
theatre. 

Q. Did you see him or hear him when ha 
came out after the assassination? A. I only 
heard a horse going out of the alley; I did not 
see hi in at all. 

Q. Did you see the man Ned? A. Yes, I rushed 
out to the door, a crowd had come out at this 
time, and Ned came out of the door. 

Q. Do you recognize " Ned" among the 
prisoners at the bar? A. Y'es, I recognize him 
there (pointing to Spangler who, by direction 
ol the Court, stood up), said I, " Ned, you know 
that man who called to you?" said he, " No, I 
know nothing about it," and went ofT down the 
alley. 

Q,. Was that all that occurred between you 
and him? A. That was all. 

Cross-examined by Mr. Ewing. — Q,. How far 
is your house from the back door of the theatre? 



A. My front door opens on the back of the thea- 
tre; there is another house adjoining mine be- 
tween it and the theatre, so that the distanca 
from my door to the back door of the theatre is 
about twenty feet. 

Q. Did you see where Spangler went when ho 
called Maddox? A. I did not see where he went. 

Q. Did he go off'? A. I disremember, I didn't 
see liiin any more. 

Q,. Did you see him go in and call Maddox? 
A. Yes, he went to the door and called Maddox. 

Q,. Did you hear him call Maddox? A.iNo. 

Q,. Did you see Spangler come out again? A. 
I disremember whether he came out again; I do 
not think he did. 

Mary JTane Anderson (colored) Sworn. 

By Judge Holt— Q,. Where do you live in this 
city? A. I live between E and F, and Isiinth 
and Tenth streets, right back of the theatre. 

Q,. Is your room adjoining that of the woman 
who has just testified? A. Y'es; my house and 
hers join. 

Q. Did you know John Wilkes Booth? A, 
Yes, by sight. 

Q,. Did you see him in the afternoon or night 
of the 14th of April? A. Sir, 1 saw him in tlio 
morning, down there by the stable; he went out 
of the alley and I «iever saw liim any more till 
between two and three o'clock in the afternoon; 
he was standing then in the theatre door in the 
alley that leads out back, him and a lady stand- 
ing together, talking; 1 stood in my gate and 
looked right over at them a considerable while; 
they turned into the theatre then and 1 never 
seen him any more till night; I went up stairs 
pretty early that night. 

nighi; there was a carriage drove up the alley 
after I went up, and after that I heard ahorse 
stepping down the alley, and looked^ out of the 
window, and it seemed as though the gentleman 
was leading a horse down the alley; he did not 
get further than the end of the alley, when he 
turned back again; I still looked to see who it 
was, and he came up to the theatre door, and 
puslied the dour open; lie said something in a 
low tone, and then halloed in a loud voice, call- 
ing "Ned'' four times; tliere was a colored man 
who sat at a window, and lie said, "Mr. Ned, 
Booth calls you;" that's how I came to 
know it was Booth; it was pretty dark, 
and I could not see what kind of face he 
had; Mr. Ned came, and Booth said to"*'hira 
in low tone, "Tell iMaddox to come here;'' 
Mr. Ned went back, and JMr. Maddox came outj 
they said something to each other, but I could 
not understand from my wiiidcnv what the 
words were; after that Mr. Maddo.x took hold of 
tlie horse, and lie and Mr. Ned between them 
had the horseand carried him round the corner, 
where I could not see him; Booth returned back 
into the theatre, and this man who had carried the 
horse lucnt in at the door, too; the horse stayed out 
there a considerable while and kept a consider- 
able stamping on the stones; 1 said, "I wonder 
what is the matter with this horse;" after a while 
I saw here persons who had the horse walking 
backwards and forwards; I supposed the horse 
was there an hour and a half altogether; in 
about ten minutes I saw this man come out 
of the door, with someihing in his hand glit- 
tering, buti donotknowwhatitwas; hejurnped 
onthehoi-se as quick as he came out of the 
theatre door, and was gone as quick as a flasli of 
lightning; I thought the horse had certainly run 
olf withlhe man; ihen I saw them running out 
of the door, and asking which way he had gone; 
still I did not know what was the matter; one 
man said the President was shot; I said, "by 
that man who went oil"?" h^said, "yes; did you 
see him?" I said, "yes, 1 saw him when he 
went ort;" this ^vas the last time I saw hini. 

Q,. Did you see the prisoner, Spangler, at that 
time? A. Yes, I saw him afier that; after 
awhile I came down stairs and they were out- 
side talking ; I went up to the theatre door, and 



didn't;" I said he did and kept on saying so, 
and with that he walked away, and I did not 
see him any more till Sunday, and then i didn't 
speak to him at all. 



50 



TRIAL OF THE ASSASSINS AT WASKINGTON. 



Cross-examined by Mr. Ewing.— Q. Do you 
know Maddox ? A. Yes sir. 

Q. What kind of a looking man is he? A. 
"Well, he has a kind of reddish skin, and a kind 
of pale and li-^ht hair. 

Q. How old a man is he? A. I suppose 25 or 
80 j'ears. 

Q. Have you seen him often? A. Yes, I have 
seen him very often; I live close there, and I 
used to work for him. 

Q. Did lie hold the horse all the time after he 
was brought there? A. No, not all the time; he 
took hold of the horse and it seemed as though 
lie held him a little Avhilc; he moved him out of 
my sight; then he returned and went into the 
theatre; he had on a light coat. 

Q. Then who held the horse when he went in? 
A. I did not see; as it was carried out of my 
Bight I heard a commotion, and it seemed as 
though a man had it, but I could not tell who it 
was; the horse made a great noise stamingp 
about. 

Q. I understand you thatSpangler just came 
to the door, that Booth asked him to tell Mad- 
dox to come out, and then it seems as if he 
came out again? A. Whether he did or not I 
am not certain; JIaddox came out, and Booth 
then had some conversation; I could not tell 
■what it was. 

Q. How long from the time Booth first rode 
up till the people said he had shot the. Presi- 
dent? A. I suppo?:e a little less than an hour. 

Q. Did you see the man who held the horse 
at the time Booth ran out and rode away? A. 
Y'es: I saw him holding the horse when Booth 
came out; I could not \ell who it was; he was 
walking the horse up and down; Booth came 
out, mounted, and it seemed as if, as soon as he 
touched the horse, he was gone; I was looking 
down the alley to see which way he went. 

Q. Did that man look like Maddox? A. Very 
much so to me. I know JNIaddox wears a light 
coat, and this man .seemed as though he had a 
light coat on; it was pretty dark that night and 
I could not see distinctly from my window. 

Q. How far was he from you when you saw 
him? A. About as far as from here to that win- 
dow, about fifteen feet, or a little further. 

Q. It Avks notSpangler holding the liorse? A. 
I do not know; it see'ms as though it was be- 
tween three— I am not certain; there were three 
men altogether who held him. 

Wm. A. Browning:, sworn. 

By Judge Holt.— Q. Will you state if you are 
the Private Secretary of the President? A. 
Yes. 

Q. Were you with him on the night of the 14th 
of April? A. I was. 

Q. What knowledge have you of the card hav- 
ing been sent by J. Wilkes IJooth? A. Between 
the hours of four and five o'clock I left Vice- 
President Johnson's room in the Capitol; I went 
Into the Kirkwood House, wliere I was boarding 
with him; went up to the ofRce, as I was accus- 
tomed to do, and saw a card in my box; Vice 
■President Johnson's box and mine were adjoin- 
ing; mine was No. 07 and his OS; the clerk of the 
hotel, Jones, handed me the card. 

Q,. What was on it? A. (Reading from the 
card). "Don't wish to disturb you; are you at 
home? J. Wilkes Booth." 

Q. You don't know the handwriting of Booth, 
do you? A. No sir. 

Q. And had no acquaintance with him what- 
ever? A. Yes, I had known him when he was 
playing in Nashville, Tenn.: I met him several 
times there; that is the only acquaintance I 
had with him. 

Q. Did you understand the card as sent to 
the Vice-President or yourself? A. At the time 
I attaclied no imi^ortance to it; I thought per- 
haps Booth was playing here, and had some 
idea of going to see him; I thought he miglit 
have called on me as an acquaintance, but when 
his name was connected witli this affair, I 
looked upon it ditferently; it was a very com- 
mon mistake in the ofhce to put the Vice-Presi- 
dent's cards in my box, and my cards in his 
box. 

Cross-examined by Mr. Doster — Q. State if you 
know, w at time the Vice President was iu his 
room that day? A. I do not know really at what 



hour; he was at the Capitol the greater part of 
the forenoon every day; he was at dinner at five 
o'clock; I do not think he was out afterwards; 
I was out myself, and did not return until after 
the occurrence at the theatre. 

Q. Do you know at what time he left his room 
in the morning? A. I do not. 

Q. But he returned at. five o'clock. A. I do 
not know when he returned; he was there at 
five o'clock, and remained in his room the ba- 
lance of the evening. 

Q. Were you in lils room in the course of the 
afternoon ? A. I was there I think about seven 
or eight o'clock; I was not there afterwards till 
about eleven o'clock after the assassination. 

Major Kilbnrn Knox, sworn. 

By Judge Holt.— Q. State whether or not on 
the evening of the 13th of April you were at the 
house of the Secretary of War iu this city ? A, 
I was. 

Q,. Do you see among the prisoners at the bar 
any person you saw there on that occasion 7 A. 
Yes ; I recollect that one. (pointing to O'Laugh- 
lin, who, by orderof the Court, stood up,) ^ 

Q. State under what circumstances you saw 
him; at what hour, and what occurred? A. I 
was at the house of the Secretary of War about 
half-past ten o'clock; I had been at the War De- 
partment, and left there about ten that evening, 
and walked up to the Secretary's house; General 
Grant and Mrs. Grant, the Secretary, General 
Burres and his wife, Mr. Knaj^p and his wife, 
iNIiss Lucy Stanton, Mr. David Stanton, and 
two or three small children were there; there 
was a band playing in front of the house; I 
wastalkingtoMrs. Grant; the others were stand- 
ing on the upper steps; they set oflT some fire- 
works in the square opposite, and I^tepped in to 
let the children see them; I stood OTi the next to 
the lower step, and was leaning against the rail- 
ing, when this man came up; he said to me, " Is 
Stanton in?'' I said, "I suppose you mean the 
Secretary of War?" he said "Yes;" and I think 
he said " I am a lawyer in town and I know him 
very well;" I had the impression that he was 
under the influence of liquor, and told liini I 
did not think he could see him then; he went 
on the other side of the steps and stood there per- 
haps five minutes ; I still stayed in the same po- 
sit ion, and he came over and said again, "Is Stan- 
ton in?' and then said "excuse me, I thought you 
were the officer of the day;" I said then "there is 
no officer of the day here;" he then walked up 
the steps into the hall, and stood tliere some 
minutes; I went over to David Stanton and 
said, "do you know that man;" he said he did 
not; I remarked that the man said he knew the 
Secretary very well, but that I thought he was 
drunk, and said to Mr. D. Stanton he had better 
take him out; Mr. Stanton walked in and talked 
Avith him a few minutes and took him out, and 
he went off. 

Q. Did he say anything abotit General Grant 
in the course of the conversation? A. He did 
not; I think General Grant had gone into the 
parlor. 

Q. Was he looking in to see the Secretary from 
his position ? A. I think the Secretary stood on 
the steps outside, and that this man stood be- 
lli ml him where he could see in the parlor and 
in the inside of the house; there is a library on 
one side of the hall and a parlor on the other 
sido; he stood on the side next to the library, 
from which position he could look into the par- 
lor and see who was in there. 

Q. Do you feel perfectly certain that the pri- 
soner here is the man you saw on that occasion? 
A. Yes; 1 feel perfectly certain that he is. 

Cross-examined by Mr. Cox.— Q. Was it moon- 
light or dark? A. I do not recollect; there was 
quite a large crowd there. 

Q. Was the crowd close up to the steps? A. 
Yes. 

Q. Did the person you saw mingle with the 
crowd? A. I did not "notice him at all until he 
Avalked up the steps and spoke to me. 

Q,. You did not go inside the hall while he 
was tliere? A. No. 

Q,. Did I understand you to say the Secretary- 
was standing on the steps? A. Yes, he was 
Btandiiig aa the left-hand side, talking with 



TRIAL OF THE ASSASSINS AT WASHINGTON. 



51 



Mrs. Grant, and the man passed right by him 
on the right-hand side. 

Q. How Avas he dres-cd? A. Hehad on a black 
sloucli hat, a black froclc coat and black pants; I 
cannot say as to his vest. 

Q. Had you ever seen him before? A. I had 
not. 

Q. Have you ever seen him before? A. I had 
not. 

Q. Have you since? A. T have; I saw him a 
week ai^o last Sunday, hero in tlie prison. 

Q,. Did you come for the purpose of identifying 
him? A. I did. 

Q. Did you oome in company with Mr. Stan- 
ton? A. No; I came in company witii other 
persons. 

Q. Can you fix the hour at 10),< o'clock cer- 
tainly? A. It must have lieeu about that; I left 
the War Department, at 10, walked up and had 
been there about ten minutes. 

Testimony of Jobn C. Hatter. 

Examined by Judge Holt.— Q. State whether 
you know the prisoner O'Laughlin? A. I know 
a man by that name. 

Q.'Do you recognize him here? A. Yes 
(pointing to the prisoner). 

Q. Will you state whether or not you saw 
him on the 13th of April last, and if so, where, 
and under what circumstances? A.J seen him 
the night of the illumination, I suppose tlie 
night General Grant came from the front, at 
Secretary Stanton's house. 

Q. State what occurred there. A. Iwasstand- 
ing on the steps looking at the illumination; 
this man approached me, and asked if General 
Grant was in; I told him he was; he said he 
■wished to see him: said I, this is not an occasion 
for you to see him; if you wish to sec him, step 
out on the p^ement, or carriage stone, and you 
can see him. 

Q. What time of the night was it ? A. I should 
judge it was about 9 o'clock, or a little after. 

Q. Was that all that occurred between you ? 
A. Yes. 

Q. He did not go in the house or attempt to go 
In ? A. No. 

Q,. Were you on the steps at Secretary Stan- 
ton's house? A. I was near the top. 

Q. Was he on the steps ? A. He was; I should 
judge, about two or three steps below me, about 
the third step from the pavement. 

Q. Did he leave the step while you were 
there? A. He left the step after I spoke to him; 
he was talking; I did not quite understand what 
he was saying; he walked away towards the 
tree-box, ank seemed to reflect on something; I 
then turned my eyes oflT and didn't see him any 
more. 

Q. Are you certain you did not see anything 
more than that? A. Nothing more. 

Q. The house was illuminated, was it? A. 
Yes; It was very light; it was lighted from the 
inside, and pretty light outside too. 

Cross-examined bv Mr. Cox.— Q,. What Is your 
business? A. I am employed at the War De- 
partment, in the Secretary's room. 

Q,. Had you ever seen the man you mention 
before that evening. A. I do not think I have 
to my knowledge. 

Q. Have you ever seen him since? A. Yes, in 

f)rison; in this prison, or the one adjoining, on 
ast Sunday week. 

Q. Did you come down to see if he was the 
same man? A. When I first started to come 
down I did not know it was for that purpose; I 
■was with Major Eckertand Major Knox; I in- 
quired wlien we arrived at the prison if I was to 
come in; the Major tokl me to come in; when I 
was inside the building I did not know thepiir- 
pose until Major Eckert called in the priso ners 
the moment I saw that man I thought I knew 
the object of my coming down. 

Q. And this is tlie only occasion you recollect 
of having seen him? A. That is the only time 
except to-day. 

Q. What made you think It ■was the same 
man ? A. The first time I saw him it was very 
light; he had on a dark suit of clothes and a 
heavy moustache; while I was speaking with 
him I was looking right sharp in his face; he 
had on a dark slouch hat, not very liigh. and a 
dark dress coal; his pantaloons were dark; I 



could not say whether they were black or 
brown. 

Q. What was his size? A. I should judge ho 
was about my size; though, as ho was standing 
outhe steps below me, he might seen lower; I 
should judge he was about 5 feet 4 or 5 inches 
high. 

Q. Had a crowd come there to seren.ade the 
Secretary at tliat time? A. Yes; there were three 
or fonr bands there. 

Q. Was tlie Secretary on the steps at the time? 
A. No; ho was inside the house; General Grant 
also; there was nobody on the steps but myself. 

Q. Wore the crowd close up to the steps? A. 
\ es; up to the lower steps. 

Q. Was the door open at the time? A. Yes; 
the front door .and the iimer door, and the gas 
was fully lighted all around. 

Testimony of Dr. Robert Kins' Stone. 

Examined by .luilge Holt.— Q,. Stite to the 
Court if you are a practising phy.sician in this 
city? A. I am. 

Q. State whether or not you were the physi- 
cian of the late President of the United States? 
A, I was his family physician. 

Q. ^tate whether or not you called to see him 
on the evening of the assa.ssination. If so, stato 
the examination and the result. A. I was sent 
for by Mrs. IJneoln immediately after the-assas- 
sination and was there within 'a few minutes; 
the President had been carried from the theatre 
to the house of a gentleman who lived directly 
opposite, and placed upon a bed in tho back 
part of the hous(- I found several citizens there, 
and among others two assistant surgeons of the 
army, who had brought him over; tliey imme- 
diately gave over the case to my care in conse- 
quence of my professional relation tothefamilv. 
I proceeded to examine him, and instantly 
found that tho Presidenthad received a gunshot 
wound in the back part and left side of his liead, 
into which I carried readily my finger, and at 
once informed those around that the case was 
hopeless; that the President would die; that 
there Avas no positive limit to his life, as his 
vital tenacity was very strong; that he would 
resist as long as any one, but that death would 
certainly follow; I remained Avith him as long 
as it was of any use to do anything for him, but 
of course nolhing could be done; he died the 
next morning about half-past seven; it was 
about half-past ten when I first saw him that 
night. 

Q. Did he die from that wound? A. Yes 

R. Did you extract the ball? A. I did the next 
day when the bod.v Avas rearly to be embalmed, 
in the presence of Dr. Barnes, the Surgeon- 
General, and others; when the examination 
was made I traced the Avound through the brain; 
the ball Avas found in the interiorpart of the left 
side of the brain; it Avas a large ball, resembling 
those shot from the pistol known as tho Der- 
ringer; an unusually large ball, that is a larger 
ball than those used in ordinary pocket re- 
volA'ers. 

Q. Was it a leaden ball? A. Yes, a hand- 
made ball, from Avhich the tag had been cut 
from the-side; tlie ball was flattened or com- 
pressed somewhat, In its passage thi'ough the 
skull, or a little portion had been cut in its pas- 
sage througli tho bone; I marked the ball Avith 
the initials of the President, in the presence 
of the Secretary of War; sealed it up AVith my 
priA^ate seal, and indoised my name on the en- 
A'clope; the Secretary inclosed it in another en- 
velope, which he also indorsed and sealed with 
his private seal; it is still in his custody, having 
been ordered to be placed among the archives 
of his Department. 

Q. Did you see the pistol from which the ball 
was fired? A. I did not. 

Testimony of Sergeant Silns I>. CoflT. 

Examination by .Tiidgo Holt.— Q. State whether or 
not on the nidlit of tlie assassination of the President 
you were on duty at the Navy Yi;ril Bridge? A. I was. 

Q. Do you remember to have seem one or two men 
passins rapidly on horseback, and if so at what time? 
A. I saw three men approach me rapidly, on horse- 
baclJ. between lO'i and 11 o'cloct. I should think. 

Q. Did you challenge them? A. Yes; I challenged 
them and advanced to recognize them. 

(4. Did you recoguize them? A. I satistied myself 



52 TRIAL OF THE ASSASSINS AT WASHIXGTOX, 



that they were proper persons to pass, and passed 
them. „ , 

Q. Do vou recognize either of these persons as 
amon;: the prisoiuTS Lure? Lorik the entire distance 
ofthebox, iromoue end to tlio oilier. Ihewitnoss 
8 Tiitinized each of the prisoners closely, and replied, 

Q. ( ould vou describe either of these men, or both of 
them? A. I could. 

Q 1)0 vou think vou would recognize either of them 
bv jipho'to^'raph? A. I think 1 would: (a photograph 
u'tBuoth was shown to the witness;) yes, Ihat man 
passed first. 

Q. Alone? A. Yes. ,_ _« . ^- 

Q. Did vou not say that three came together? A. >i o; 
thiee p:is-ea. but they were not toaethtr. 

tj. Iiid you have anv conversation with this first 
man as he iiassed? A. Yes, lor three or four ininutos. 

ti. What name did he give? A. He gave his name 
as Booth. 

Q. What did he sav? A. I a-sked him what his name 
wa.s: he answered Booth; 1 asked him "where from?" 
heanswend, •■from the city;"' 1 a-kud hiin, "Where 
are you going?" "Going home:" I asked him whore 
his liome was; he said in Charles, which I under- 
stood to mean Charles county: I iusked him what 
town? hosaidhe didnt live in any town: I said you 
must liVH in some town; he said, "I live close to Bry- 
antown.but I do not live in town;' I asked him why 
ha was out so late; If he did not know that persons 
were not permitted to pass alter that time ol night; he 
said it was news to him: he said he had some ways to 
go. that it was dark, and that he thought he would 
have a moon. 

C. How long before the other two men came? A. 
The ne.Yt cue came up in live orseven minutes, or pos- 
sihlv ten minutes. 

Q."Did tliev seem to be riding rapidly or leisurely? A. 
The second one who came up did not seem to be riding 
so rapidlv. 

Q. What d:d he say? A. I asked who he was; he .said 
his name was ^miih; that he was going to White 
Plains; I asked him liow he came to be out so late: he 
madeuseora ratlier indelicate reply, from which I 
should judge hehad been in bad company. 

Q. Was he a large or small sized man? A. A small 
sized man. 

Q IMd von have a good view of his face? A. I did; 
I brought him up liefore the guard-house aoor so that 
theligfitcould fallon his lace. 

Q. How would he compare in size with the last man 
among the prisoners (llaroldi? A. He is very nearly 
the size, but I should not think ho was the man; he had 
a lighter complexion than that man. 

Q Did you allow him to pass after that explarration? 

A. Yes. 

Q. What became of the other man? A. The other 
man I toi-ned back; he did nut seem to have sufficient 
business to warrant ine in passing him. 

Q. Was he on horseback also? A. Yes. 

Q. Did he seem to be a companion of the prisoner 
wlio had gone before? A. I do not know. 

Q. Did they come up together? A. No; they -were 
sonie distance apart. 

Q. Did this man makeany inquiry for Booth? A. He 
made an inquiry whether a man had passed on a roan 
horse? 

Q. Did the second one who had come up make any 
inquiry in regard to another horseman? A. Ko sir, 
none whv.tever. 

Q. What was the color of the second horse? A. It 
was a roan horse. 

Testimony of Polk draliam. 

Examined by .Judge Holt.— Q. State whether von 
were on the road between Washinston and Bryan- 
town on the night ot the 14th of April last? A. Yes, 
sir. 

Q. You were going to Wa'^liington? A. Yes. 

Q. State if you met one or more horsemen, and if so. 
at what hiiur and under what circumstances. A. I 
met two about ll o'clock, riding very fast. 

Q. In what direction? A. Going to Marlboro: I met 
the first one on Good Hope Hill, and the last one 
about lialf a mile beyond. 

Q. ])id they say anything to you? A. They first 
stopped me ai'id a.sked"mo the road to Marlljoro; ho 
first ai.ked nieilthe road did not fork a little ahead, 
»iid if he <lid not turn to the right; I told him no, to 
keep straight ahead. 

Q. Was it light enough for you to see his horse? A. 
He rode a dark horse; I think it was a bay. 

Q. What did the<jtlier one say? A. Hesaid nothing 
to me: 1 hear<l him ask a question, whether it \vu.s of 
me or of the teamsters on the road, J do not know; 1 
did not answer him. 

Q. How far was he behind the first one? A. About 
half a mile. I reckon. 

Q. What was the appearance of the horse? did you 
notice? A. It was a roan or iron-grey. 

ti. Was the man large or small? A. I never noticed 
the man. 

Cross-examined by Mr. Stone.— Q. How far was this 
from the eitv? A. 1 suppose two and a-halfor three 
luUes from the city. 



Q. Was he the one who inquired the road to Marl- 
boro ? A. Yes. 

Q. How long after the first manpa-ssed was it before 
the other came along? A. I do ii.jt suppo^e it was 
more than five or ten minut(s; I do not know exactlv. 

Q. What did you say the second askid you? A.'I 
do not know wiiether it was asked of me; he asked 
whether a horseman had passed ahead; I did not 
answer lilm. 

Q. 'Ihe road forks at Good Hope Hill, does it not. one 
turning to the right and the other totheleit? Were 
they beyond Ihe forks? A. I think so, but I am not 
acquainted with the road. 

Q. Was the lastman riding at a rapid gait? A. Yes- 
both wei e riding verv fast. 

Q. Wasitatthe topof the hill? A. No; about the 
mlddlt of the way up; I supjio-e I had got off that hiU 
entirely beiore I met the second man. 

Re-£xamination of Dr. Stone. 

The ball extracted from ihe wound of President Lin- 
coln having been received from the War Department, 
Dr. .Stone was a_ain called on the stand, and on ex- 
amining it identified it fully as the ball extracted by 
him. 

Testimony of >Vni. F. Kent. 

By Judge Holt.— Q. State whether or not the pistol 
you now have before you was picked up by you lu the 
box of the President on the night of the assassiuatiou? 
A. Ye^, sir; lliis is thepistol. 

ti- \\hat IS It called? A. A Derringer, I believe, and 
I see that name marked on it. 

Q. How long after the President was shot did you 
pick it up? A. 1 do not knowe.Kactly how long: I sup- 
po.se ahi'Ut three minutes alter thel'resideul was shot; 
when 1 went into the box. thercweretwo persons in 
there then; the h^uigeonaskedme lor aknifetocut open 
the I'residenfs clothes; I haniied him mine, and with 
it hectit the.President sclntiies open; I leitthe theatre 
afterwards: I mi.-sed my night key and thought I had 
dr^ippidit tliere: I turned back to go to theiheatre, 
ami wuen 1 went into the bo.x my foot knocked against 
apKtiil lying on the floor. I picked it up and cried <iut, 
•J. have found the pisii.l;". some persons told me to give 
it to the police; but there was a gentlemM| who said he 
represented the Associated I'ress, andYhanded it to 
him: the next morning I went around to the police 
station and recognized it as the pistol I had picked up. 
Testimony of I>ient. Alex. L.ovett. 

Examined by Judge Holt.— Q. Will you state whe- 
ther ornot, aterthe assassination of the President, 
you and others were engaged in the pursuit of the mur- 
der, r? A. Yes. 

Q. What route did you take? A. The route by Sur- 
rattsville. 

Q. fsiate whether or not in pursuing that route you 
came to the house of Dr. Samuel Mudd? A. I do, and 
recognize him as one of the prisoners at the bar. 

ti. Did you stop there and make any inquiries? A, I 
stopped there and made inquiries ot his wile first. He 
was out. 

<4. Staie what questions were addressed by him to 
vou and other members of your party, and what was 
said. A. We lir^ tasked him whether there had been 
any strangers at the house; lie said there had; at first 
he did not seem to care about giving us any satisluc- 
tion: then he went on and stated that on Saturday 
morning, at davbreak. twu strangers came to his place, 
one came In the door and tlie other sat on his horse; 
that he went down an<t opened the door when the 
other man got olf his horse and came into the house; 
that one of tiieni had a tirokeii kg, and that he had set 
the leg; lacked him who the man was; hesaidlie did 
not know, he was a stranger to him; he slated that 
ihe\- were both strangers: I asked him what kind of a 
Inoking man the other wa-s; lie said he was a young 
man aiiout 17 or 13 years old. 

ti. How long did lie say they remained there? A. 
Hesaid they remained a short time; this was the first 
coiive;sation I lia<.l with him. 

U. You Slated tliat Dr. JIi.dd said they were there a 
short lime; do vou mean they went away in the course 
of the morning ? A. That is what 1 untlerstood them. 

Q. On what day was this ? A. on Tuesday, the l-sth. 

Q. li.d he state to you wiiether at that time or beiore 
hehad he:!ril aivlhing in regard to the assassination 
of the President"? A. He said he had heard it on Sun- 
dav al church. 

Q. What distance is the house from Washington? A. 
By way of Bryaiuownii is about thirty miles, I sup- 
pose. 

Q. Is it on one of the highways of the country? A. It 
is olf the public road, running from Georgetown about 
a quarter of a mile. 

Q. liid you have a considerable conversation with 
him In regard to the assa.ss!naticn of the President? 
A. We did not talk much about that. I was making 
inquiries more about these men than anything else. 

Q. How long were you at his house? A. Probably an 
hour. 

Q. Did he continue until the last to make the same 

representations that these men were entire strangers 

to him? A. Yes, sir; that he knew nothing of them. 

Hesaid one of them called for a razor, soap and water, 

. tu shave Uia moustache ofl". 1 asked him a' he had any 



TRIAL OF THE ASSASSINS AT WASHINGTON. 



other beard; he replied, " "^es, a long pair of whis- 
kers." 

Q. Did he state that Booth had left there that raorn- 
i)ig on horseback? A. Ilosuid oneot'tliGiii wont uway 
en crutches, and that he shewed them a way cross thu 
8(vamp. 

Q. Did he state what the wounded man had done 
vrith his horse? A. lie said the other one led liis liorse 
and that ho had a pair olcrutches made lor him: I was 
entirely satished that these parties were Booth and 
Harold. 

Q. Did you arrive at the conclusion from the descrip- 
tion given ol ihe nu-n? A. Yes. 

Q. Did he.'iiatetoyou the reason these men had gone 
into tlie swamp? A. He said they were going to Al- 
lan's Fre^h. 

Q. Did hestate forwhat purpose this maiihndshaved 
offnis moustache? A. No; some of the otlicr men along 
■with m^: made the remark thatitlool»d suspicious 
and i\l r. Mudd then also said it looked suspicious. 

Q. Will you slate whether jou liad a subsecjuent in- 
terview with Mr. Mudd? A. Yes sir. 

U. How lonK after tlie lirstone? A. At the first in- 
terview I had my mind made up to arrest him wlien 
the proper time came: the second interview occurred 
on fViday. the 21st; I went there for the purpose of ar- 
resting him. 

Q. Sati what he then said in regard to these men ? 
A. Whon he found tliat we were going to search the 
house lie said something to his wile and then hrouglit 
down a boot and handed it to me; he said he bad to cut 
it off in order 10 set the man's leg; I turned the boot 
down and saw some writing on tlie inside, ''.T. Wilkes;" 
I called his attention to it; he said he hudnottakvn 
notice of that before. [A largacountry buotslit down 
the leggings brought in and passed round and exam- 
ined by the members of the Court: on the inside near 
the top of the leg, under the name of the maker, were 
the words "J. Wilkes," written plainly in ink.] 

Q. Did lie at that lime still insist that they were 
strangers to him ? A. Yes. 

Q. Did lie acknowledge at any subsequent period that 
he knew Bootli ? A. Yes; lie said subsequently that 
he was satisfied it was Booth. 

Q. Wlicn was tliat? A. That was on Friday, the 
same day; hajmade tlie remark that his wile had told 
him she saw the whiskers at the time become discon- 
nected Irom the man's lace. 

Q. But he had stated to you distinctly before that he 
had not known this man? A. Yes sir. 

Q. Did heor nutatany subsequentconversation state 
tliat he had know.i this man Bootb? A. Alter I had 
arrested him and we had got on our horses and were 
goiiigout, some of the men gave him Booth's jihoto- 
grapii; tlioy held it up to him L:nd asked if it did not 
look like Booth: liesaid tbatit wasnotlike Bootli; tliat 
it looked a little like liini across the eyes; sliortlv after 
that he said lie had an introduction to Booth la'stlall; 
he sad a man by the name of Johnson gave him an 
introduction to him. 

Q. Did he state where he met Booth? A. No; on 
being questioned by one ot tlieother men lie said lie 
had r. de with him in the country, looking ui3 some 
land, and when ho bought a bor.se. 

Q. Did hestate the time? A. It was last fall I believe 
he said. 

Q. Did he give you any description of the horse he 
bought? A. liesaid he wanted a good road horse. 

Cro.ss-examinaiion by Mr. E\*5ug. Q. You say that 
Dr. Mudd gave you a description of these two jiersons? 
A. Yes sir; lie gave me a partial description o:theni; 
hespid that (no was quite a young man, and the other 
had large thin whiskers. 

Q,. What did hu say to you as to the resemblance be- 
tweeu the photograph and its original? A. in t.,e lirst 
place he said that it did not look like Booth; then he 
Baid it looked like him across the eyes. 

Q. Didyouteil him about your tracking Booth from 
Washington? A. I do not think up to that lime I had 
mentioned Eootli's name at all. 

Q. Wiiere was Dr. Mudd when you called at his 
house the second time? A. He was out some place 
and his wife sent for him; I walked out and greeted 
him. 

Q.. Did you not say to him that you wanted the razor 
■with which the man who stopiied at his house shaved 
himself? A. Yes sir; J demanded that alter we went 
into the house. 

Q. Did not Dr. Mudd then tell you that since you 
were there before the boots had been found in the room? 
A. Not until alter we were in the house some time. 

Q. He then volunteeri^d the statement? A. Yes, he 
said something to his wife, and sue went up stairs and 
brought it flown. 

Q. Butdidhe not make the statement voluntarily? 
A. He did after one of the men told him that we would 
have to search tne house. 

Q. Are you sure he did not make the statement until 
alter that was said? A. lam. 

O He said that he had shown those men the way 
across the swamp? A. So I uuderstuod him. 
- Q. To what swamp did he ailude? A. The swamp 
In the rear of his house, 1 believe. 

Q. Is there a swamp inimediatelv in the rear of liis 
house? A. There is one about a thousand yards below 
nis house. 



Q. What else did he say in describing these men? A 
I asked him if the whisker of one of tlie men siiokea 
ot by him might not have been false, and he said he 
did not know; it appeared afterwards that Bootli had 
gone up stairs, but the doctor did not tell me of that. 

Q. He did not say where Booth had been? A. Ho 
told mo that be had been on tiiesofa. 

Q. W'hm j-ou asked the Doctor how long those two 
meii had stayed, he said they did not stay long? A. At 
our first inierview be told me they stayed but a short 
t me, and afterwarus his wife told me that they stayed 
until three or (our o'clock, on Saturday alternoon. 

Q. You need not ^t.lte to the Court what his wifesaid. 
A. Well, i think heto'd me that himself afterwards. 

Q. Did you ask Dr. Mudd whether he charged any- 
thing fir setting the leg ? A. ^'e3sir. 

Q. What did he say? A. I did not ask him whether 
be charged anything; my question was whether the 
men had much money? he said they had considerable 
ot greenbacks; 1 then iisked him if tliey had arms 
about them; to which he replied the wounded man had 
a brace of revolvers. 

Q. Did he say anything about having been paid ibr 
setting the leg? A. J did not ask him about that; ho 
went on to say that it was customary for men to make 
a charge lostrangers. 

Q. lie spoke of that in connection with the fact of 
their having money? A. Yes sir. 

Q. Did he not say to you that those men arrived at 
his house before daylight? A. He said about day- 
break. 

Q. Who went with you to his house, on the occasion 
ofyour second visit? A. There were three special olU- 
cers, besides some cavalry. 

Q. Who were theolliceis? A.SimonGalligar.Joshua 
Loyd, and William Williams. 

U. Wiiat civilian went with you the first time? A. 
Dr. George Mudd. 

Q. When you were at Dr. Mudd's the second time do 
you not recollect that he told you the two men started 
liom his house to go to Itev. Mr. Wihuer's? A. Yes 
sir, but I jiaid no attention to that; I thought it wa3 a 
blind lor the purjiose of throwing us olf the track. 

Q. But he said that? A. Yes sir, he stated that they 
inquired lor Parson Wilmer's, and that they said they 
wereon their way to Allen's Fresh. 

Q. Did he mention that both times you were there? 
A. I think only the hrst time. 

Q. Are you sure it was not out of doors that you first 
asked Dr. Mudd for the razor? A. I might have 
spoken to him about it out of doors, but 1 remember 
having made the demand in the liouse. 

Q.. Are you sure that it was not before he got to the 
house lie told you the boot liad been louiul since you 
were there belore? A. He told me that in the house, 
not outside. 

Q. Was there not a citizen named Hardv with you at 
thaDtinje? A. N.,t tliat l know of. 

Q. Was there not a citizen with Dr. Mudd? A. There 
was a ciiizen, whosiood outside thedoor alter we went 
intu the house: I <lo not know his luime. 

U. Was Dr. Mudd alone When you met him coming 
to tlie house? A. Tuere was a citizen walking with 
hini I think. 

Q. Was it this man yoti speaker i^us having subse- 
quently stood ouisule the do; r? A. It was. 

Cross-ex a 111 i III d by IMr. fciloiie. — Q. When you went 
to Dr. JNludd the lirst, time did you have any conversa- 
tion with him be. ore you went into tiie house? A.I 
thinknot: 1 had acouver.-.ation with his wi e. 

Ci. As soon as you asked him whether two strangers 
had been there, he told you at once they had? A. Yes 
sir; he was made aware oi the nature of our errand. I 
suppose, by a friend; lie seemed very much excited, 
and turned verypa'e when he was hrst asked about 
the two strangers, thougli he admitted they had been 
there. 

(i. You asked him todescribe them, and he gaveyon 
the description? A. Yes sir. 

U. By whom did he say he was introduced to Booth 
lastfa!!.' A. A man by Ihenameof .lohnson. 

Q, He told you he was introduced to Booth by John- 
son at church? A. He did not tell me that in the lirst 
place; ho told me he did not knowBootU at all. 

Q. SVhen.on the occasion of your second interview, 
you mentioned the name of Booth .lie then told .vou lie 
had been introduced? A. I did not mention it until we 
were on horseback, though I had previously mentioned 
Booth's name to the other doctor. 

Q. You ^ay that Dr. Mudd seemed to he very much 
alarmed? A. Yes; he turned veiy pale in the lace and 
blue about the lips, like a man who was Irightened at 
the recollection of something he had done. 

Q. Did he mention, in connection with his intro- 
duction to Bootb, the name of Thomp.son? A. I un- 
derstood him to say Johnson, but Thompson might 
have been the name. 

By Judge Advocate Holt.— Q. You state that Dr. 
Mudd appeared very much Irightened: did you ad- 
dress any threat to him? A. No sir; I was in citizen's 
clothes at the time. 

Q. His alarm then was not in consequence of any- 
thing mat y(ju Said or done? A. No sir; he seomi'd 
very much concerned when 1 turned the boot inside 
out; some of the men presen;said that the name ot 



54 



TRIAL OF THE ASSASSINS AT WASHINGTON. 



Booth had been scratched out, when I suggested that 
it had not been written. 

Q. Vou have stated that when you asked Dr. Mudd 
whether the two strangers had any arms, he replied 
that the one with the brol^en leg had a brace oi 
revolvers: did he say anything about the other having 
a carbine or a kniie? A. No sir. 

Q. Did you understand him to say that this brace of 
revolvers was all tliearms the stranger had? 

The question was objected to by Mr. Ewing as being 
aleaduig question. The lollowing was then put:— 

Q. Will you state what was his manner? Was it 
frank or evasive? A. Very evastve; he seemed to be 
very reserved. 

Q. Did he speak of these men as having any other 
weapons than the brace of pistols ot which you have 
spoken? A. lo my knowledge one of the olhcers spoke 
to him on that point. 
Ci. Which one? A. I think it was Williams. 
Q I understand you to say that Dr. Mudd stated 
that he did not he-xr the news of the assassination ot 
the President nntil Sunday morning, at church. At 
the time of this statement to you did he mention the 
name ot the assassin? A. No sir. 

Bv Mr. Ewing.— Q. Did not Dr. Mudd, at your first 
interview, state that lie heard thedetailsof the assassi- 
nation while at church, on Sunday morning? A. 1 do 
not recollect that he did. I made iV remark to one of 
the officers, at the time, that lie must have been aware 
of the assassination, because the cavalry were all 
along the road, and everybody in the neighborhood 
knew it on Saturday. 

Q. Did Dr. Mudd state to you that the strangers were 
going in the dirtciiuu of Allen's Fresh, in connection 
with his statement tliat they liad gone to the Kev. Dr. 
Wilmer's? A. lie said that they inquired tor Mr. Wil- 
mer; that he took them across the swamp, and that 
they were going in the directiun of Allen's Fresh. I 
went to Ivir. Wilmer's, and searched his house, but I 
was satislied wo would find nothing there, as I looked 
upon it as a blind to draw us olf that way. 
•Q. In going from Dr. Miuld's to Mr. Wilmer's, would 
you cross the swamp? A. Ycssir; you cango tliatway. 
Q. Did you follow the track of this man Booth and 
•his companion? a. Yes sir; as far as I could. 

By the Court.— Q. When you reached Mudd's house on 
Tuesday morning after the assassination was it gene- 
rallv understood there that Booth was the man who 
killed the President? A. Everyperson around Bryan- 
town and along the way understood so. 

Q. Is therea telegraph line in th.at section? A. The 
only telegraph of which I have any knowledge is the 
one that runs to Point' Lookout: I do not know the 
exact distance to that place; there was a telegraph 
connection with Port Tobacco, but if any person who 
saw these men wanted lo give information concerning 
them they need not have gone far; by merely going 
out on the public road they could have given it, as the 
cavalry were all along there. 

Q. What is the distance from Washington to Sur- 
rattsville? A. About ten miles, I should judge. 

Q. What is the distance from Snrrattsville to Dr. 
Mudd's? A. By the way we first went, it was about 
sixteen miles to Bryantown, and about four and a half 
miles Irom there to Dr. Mudd's. 

Q. In going to Mudd's, do you go through Surratts- 
ville? A. "i'es. There is a road running from Port To- 
bacco, by which you can go there. Dr. Mudd's is about 
twenty miles beyond Surrattsville by way of Bryan- 
town. 

Mr. Eakin.— Q. Are you acquainted with Mr. Floyd, 

who keeps the hotel at Surrattsville? A. I arrested 

bim on Friday, the isth of April 

Q. Did he make any staten:)ent to you? A. Yes, sir. 

U. What did he say concerning his connection with 

the affair? 

Judge Advocate Bingham objected to the question 
on the ground that it was an attempt to discrjedit the 
testimony of Floyd, by showing that he had made 
Btatementsin conflict with representations made be- 
fore the Court. The question was understood to be 
withdrawn by Mr. Ewlug. 

Q. From wnomdid you first hear that two men had 
stayed at Dr. Mudd's house? A. I heard it from a sol- 
<ljer. 

Q. Do j'ou know his name? A. Yes sir; his name 
was Lieutenant Dana. 

Q. Did Dr. Mudd say anything to you about it? A. 
He did; I sent for hina, took him up into a room of the 
hotel and asked him to make his statement, which he 
did. 

Joshna liloytl. Sworn. 
Q. State whether or not some day after the assassi- 
nation of the President you were engaged with others 
in pursuing the assasins? A. I was. 

Q. Did you, iu the course of your pursuit, go to the 
house of the prisoner. Dr. Samuel Muud? A, Yes sir. 
Q. On what day did you go there? A. On Monday, 
April 18th. 

Q. State what reply he made to your inquiry in re- 
gard to the object of your pursuit. A. laskeahimif 
he knew that the President had been assassinated; he 
replied that he did; I then asked him if he h.ad seen 
any parties looking like the assassins pass that way, 
anil lie .stiid he had not. 
U- That was at the first Interview ? A. Yes sir. 



Q. What did he state at thesecond interview? A. He 
then acknowledged that two men had stopped there, 
and that he had set the broken limb of oneof them; we 
showed him the likenesses, and he said he had seen 
them before; I then asked him had ne been introduced 
to Booth last fall, and he said he had. 

Q. How long did he say these nien remained at his 
house? A. I think he said they remaind there from 
lour o'clock in the morning until -i P. M. 

Q. Did he say they were on horseback or on foot ? A. 
He said that one was on horseback and the other was 
walking and leading a horse. 

A photo.;raph of i?ooth was shown to witness, and 
recognized by him as the one which be had in his pos- 
session, and which he exhibited to Dr. Mudd. 

Q, What was the Doctor's manner? A. Heappeared 
to be very much excited, when we went there the se- 
cond time ho was not in, and his lady sent lor him: she 
appeared to be greatly worried. 

Q. Wliai did you say to him at the second visit? A. 
■Very little conversation took place on my part, as I 
did not feel very well. 

Q. Did he make any reference to his previous denial 
of having seen these men? A. I do not know that he 
did; alter we found the boot be owned up. and saio 
that he had formerly been introduced to Booth by a 
man named Thompson; he did not say an.vthing about 
being in company with him in Washington city. 

During the cross-examination the witness stated 
that INludd at lirst denied having seen the supposed as- 
sassins, or even any strangers. The prisoner stated 
when arrested that at the time of his introduction to 
Booth by the man Thompson he was informed that 
Booth came there to buy some property: at the time 
of the witness' first visft to Mudd, the latter stated 
that he had heard of the President's assassination at 
church on ISunday Dr. George Mudd was then pre- 
sent. Uu Friday, the day of the second visit, the boot 
found ill the house was produced upon the arrival of 
the I prisoner at his home and while the part.v were 
waiting for him. 

Coliiuel H. 11. Wells, .sworn.- Q. Are you Provost 
Marshal of the defenses south of Washington? A. 
Yes sir. 

(J. State to the Court whether, in the wfiek subsequent 
to the murder of the President, jou haa an interview 
wiih the prisoner. Dr. I\Iudd? A. Yes sir; I had an in- 
terview with him on Fridaj% April 2lst. 

(J. State all that he said to you in regard to the men 
who called at his place on Saturday morning alter the 
murder. A. I had three definite conversations with 
him: the first occurred, I think, about neon on Friday; 
I had the doctor brought to my head-quarters, and 
took his statement; ho commenced by remarking that 
on Saturday morning, about 4 o'clock, he was aroused 
by a loud knock at his door; he was surprised at the 
loudness of the knock, and inquired who was there; 
receiving some reply, as I understand he looked Irom 
the window or went to the door, and saw two horses 
and a second person sitting on one of the horses: he 
described the appearance or the persons, and t-aid that 
the voungest oi tlie two was very fiuenl in his speech, 
and'that the person on horseback had broken his leg, 
and desired medical attendance; he assisted in bring- 
ing the person who was on horseback into his house 
aiid laving him upon the soia in the parlor, and after 
sniiienniehe was carried up stairs and laid on a bed, 
ill what was called the front room: ho then proceeded 
to examine the leg and discovered that tlie outward 
bone was broken ne.iriy at rgbt angles across the limb, 
about two iuclies above the instep, he said it was not a 
compound iraciure, and that the paiient complained of 
pain in his back, but he lound no ui^parent cause for the 
pain, except as proceeding from the efl'ect of a fall from 
a liorse, as the p,;tieiit stated he had fallen; he said 
thi'the dressed the limb as well as he was able to do 
with the limited facilities at his command, and called 
a white hired servant to make a crutch (or the patient; 
the crutcli was made and breakfast was then prepared, 
and the younger of the two persons, the one who was 
nniiiiured, was invited to breakfast with them: the pri- 
siuieVlurther stated that alter brcaklast he noticed hi3 
patient to bo much dcljilitated and pale; the young 
man made some remarks in relation lo procuring some 
conveyance lur taking his iriend away, and that some 
timeatter dinner he started with him to seoifacar- 
riaL,'!' could be procured; aiter traveling for some dis- 
taiici' and lai.iii-,' to procure a carriage, the young man 
remarked that he would not go an.v further, but would 
rctur.i to the house and sec if he could not got his iriend 
away; the doctor statt d also that alter going to the 
town, which was the lanlust point of his journey, he 
returned to his house tibout 4 P. M.: in speaking ot the 
wounded man I ask( d him if he ku'^v who the 
person was, to which he replied that he did 
not recognize him; I then exhibited to him what was 
said to be a miniature of Booth, and he said that from 
the miniature he could not recognize him: he stated, 
however, in answer to another question, that he met 
Booth sometime in November; 1 think he said that 
he was introilnceil by a Mr. Thompson t.) Booth: I 
think the introduction to Booth took nhicc at church, 
on a Sundav morning, and after the introduction had 
been given. Thompson said that Booth wanted to pur- 
chase farming lands; they had some conversation on 
the subject of lands, and then Booth asked the ques- 



TRIAL OF THE ASSASSINS AT WASHINGTON 



55 



tion whether there were any desirable horses that 
could be bought cheap in that section, and he men- 
tioned the names of several dealers in desirable stock; 
in the neighborhood; I asted him if he could recog- 
nize as;ain the person whom he then met under the 
name of Booth; he said he could, and I asked him ii 
he had seen Booth at any time alter the in- 
troduction in November and prior to his 
arrival there on Saturday morning; he said he 
had not; I asked him If he had any suspicions of the 
character of Booth, or either of these persons: he said 
he had not, but that alter breakfast ne thought there 
was something strange about their actions in view of 
the fact that the young^mau came downstairs and 
asked for a razor, and said his friend wanted to shave 
himself, and that shortly alterwards he noticed that 
the person answering to the nameot Booth hadsliaved 
off his moustache; I asked him If tlieman had a beard, 
when he said that he had, and that it was larger than 
my own. but he could not determine whether it was 
natural or artificial; that he kept a shawl about his 
neck and seemed to desire to conceal the lower part ot 
his lace; I asked him at this time if he had heard of 
the murder of thePresident; he replied that liehad not: 
I think, however, he remarked to mein one of his in- 
terviews, that he heard of the assassination for the 
first time ou .Sunday morning, or late in the evening of 
Saturday; mv impression is that he did not hear 
of it until after these persons liad left his house. 
The wituessstatedfurther.thatwhen leaving, Harold 
inquired lor the most direct route to Mr. Wilmer's 
house, and that the prisoner gave him the desired in- 
formation. The prisoner also communicated to the 
witness all the particulars concerning the discovery of 
tue boot found m the house occupied by him. 

Cross-e.xamination by Mr. Ewing.— Q. At the time 
that Mudd gave you this inlorniation did you see any- 
thing that was extraordinary? A. He did not seem 
willing to answer a direct question, and I saw that un- 
less I did ask direct questions all important facts were 
omitted bv him. 
Ci. Was he alarmed? A. He was much excited. 
Q. And alarmed? A. Not at the first or second in- 
terview, but at the third he was. 

Q. What time of Friday did you have your first in- 
terview with him? A. Not far from midday; it might 
have been before or in the afternoon. 

Q. How long after was it that Lovett was gone for 
Dr. Mudd? A. I am not certain; I don't think I sent 
Xovett for Mudd. 

Q. It was on the Friday after the assassination? A. 
I think it was, sir; on the 21st. . 

Q. At the first interview did you have any written 
statement made? A. No sir; I kept on talking with 
him, and, after I thought I had the facts, I had it taken 
down in writing; we had a dozen interviews at least. 

Q. When was the last interview? A. On Sunday, I 
think. 

Q.. Did yoii have any more than one on Friday? A. 
Yes; he vva^ in my presence for almost five hours; we 
were talking there from time to time. 

Q. You said that at the last interview he was much 
alarmed from some statement you made? A. I'said 
to him tliat he was concealing the facts, and that I did 
not know whether heunderstood that was thestrongest 
evidence that could be produced of his guilt at that 
time, and might endanger nis salety. 

Q. When was it you went off with Dr. Mudd, and he 
took you along the route wliich these two men took? 
A. On Sundaj' morning, I am quite confident. 

Q. He spoke of their taking the direct road to Piney 
Chapel? A. Yes sir, to Dr. Wilbur's, of Piney Chapel. 
Q. You spoke of tracks on the direct road to Piney 
Chapel till they turned oil'? A. No; they took the 
direct road, coming out by the doctor's house, ti.l they 
came to the wall, with tiiis exception; the marsh was 
full of lioles and bad places, and! remember thinking 
they haa got lost, as they went irom right to left, and 
kept changing ou that way till they lost the general 
direction. 

Q. Did you say that the Doctor said to you that he 
had heard of the assassination of the President on 
Saturday evening or on Sunday? A. M.v impression 
is that he said not till Saturday afternoon or Sunday 
morning. 
Q. Yt<u think he said Saturday evening? A. Yes. 
Q. Did he mention how and whence he heard it? A. 
No sir; I can't say that he did, but I have an indistinct 
idea that hebeard it at the town, but am notsure; over 
in Bryantown. 

Q. Did he say when it was that Johnson introduced 
him to Booth? A. He said it was about November. 

Q. Did he say whether it was belbre daybreak when 
they came to his house? A. He said it was before day- 
break: about lour o'clock. 

Q. Did you ask whether they paid him anything for 
setting the broken leg? A. I think he said they paid 
him twenty-five dollars. I think that statement w^iis 
made to one of the men that was with me, but not to 
me directly. 

Q. Didn't Samuel Mudd sav to you that there had 
been two suspicious men at his house? A. Yes, sir. 

Q. Did he not say to you that he told that on Satur- 
day evening? A. I can't remember; but I think not. 

Q. Was it on Sunday evening ? A. I th.ink it was 
later than that. 



Q. Did he not say to j'ou in some one of .vour inter- 
views that he told you that on Sunday? A. My im- 
pression is that he told Dr. Mudd on Monday. 

Q. You recollect his having said that he told Dr. 
Mudd? A. Yes; in this connection-I said, "one of the 
strongest circumstances against you is that you have 
failed to give tue lullest inlbrmation of this matter." 
Then it was he said he told Dr. George Jludd. 

Q, Did he examine the likeness of Booth in your 
possession ? A. Yes sir. 

Q. Did he recognize it as the man who he had been 
introduced to? A. My impression is that be said that 
he could not from the photograph recognize the man. 

Q. Did he not say that he could not recognize it as 
the man whose leg was broken? A. He said, •'! should 
not have known Mr. Booth from the photograph:" he 
said also he did not recognize the man when he first 
saw him. but that on recollecting he knew it was Mr, 
Booth, the person to whom he had been introduced. 

Q. Did he not say that that was like a likeness that 
he had alreadj'.seen of Booth, with his name marked 
upon it? A. 1 don't remember that. 

Q. Was there not intense excitement in the town 
among the soldiers and the people? A. Notamongthe 
soldiers, they were calm enough; but among the peo- 
ple there was; they were going and coming all the 
lime. 

U. In a state of angry and excited feeling? A. There 
was no angry feeling exliibited, but there was an ex- 
cited state of feeling evident. 

By the Judge Advocate.— Q. Can you state at what 
time Dr. Mudd professed to have recognized Booth as 
the man he had been introduced to? A. During their 
stay at his house. 

Q. So you understood him to admit that he recog- 
nized him beibre he left? A. Yes; his expression was, 
that he.did not knowhim at first, but that on redection 
he recollected. him. 

By Mr. Ewing.— Q. Please state as nearly as you can 
Mudd's exact w ords whun he spoke on rellect:on of re- 
collecting "that it was Booth who was at his hi use ou 
showing him the i.iciure; that lie should not have re- 
collected theiuiin Irom the photograpli, and that he 
did not remember him when he first saw him, but that 
on refiection he remembered he was the man he was 
introduced to in November last, or in the lail." A. I 
won't say these are the exact words, but that is the 
substance of his words, as nearly as I can recollect 
them. 

U. There was nothing but that in his conversation 
upon that point ? A. That was the substance of it, and 
It was said over and over again. 

Q. Didn't he say whetherthis reflection on which he 
could recognize the man witli the broken lf-g,as the 
man to whom he liad been introduced, was a redection 
which arose after the man had lei t his house? A. He 
leit the impression cieariyupon my mind that it was 
before the man left tue house; he gave it as a reason 
why he didn't remember him at the first, that the man 
was much worn and di^bilitated; that he seemed to 
makeaiiefibrt to keep the lower part of his face dis- 
guised; but when he came to refiect he remembered it 
was the man he had been introduced to. 

Q. Did he speak of this disguise as having beeu 
thrown off or discontinued at any time during the 
man s stay at his house? A. No; but the light of the 
day, thesliavingot the face, the fact that he sometimes 
slept and at others was awake, gave him opportunities 
to recognize the man; but I do not recollect that he 
said the disguise wus eniirel.v thrown oft'. 

Q. Did he admit to you having denied any person 
having been at his house? A. He certainly did not 
deny it to me. 

The Court then adjourned to 10 o'clock to-morrow. 



Washington, May 17.— General Harris said that on 
Saturday, for what he deemed justifiable reasons, he 
had objected to Hon. Reverdj' Johnson appearing here 
as counsel. He now asked to have read a letter trom 
Eeverdy Johnson, dated Baltimore. October 7, 1864, ad- 
dressed to William D. Bowie, C. C. Magruder, John D. 
Bowling, Prince George's county, in which he takes 
the ground tljat the oath prescribed by the Constitu- 
tional Convention was illegal, and concludes as fol- 
lows:— "It is indeed the only way in which the people 
can protect themselves, and no moral injunction will 
be violated by such a course, because the exaction of 
the oath was beyond the authority of the Convention, 
and as a law therefore void." 

Testimony of William 'U'illianis. 

William Williams was called as a witness, and testi- 
fied as follows : — 

Q. Will you state to the Court whether, after the as- 
sassination, you were ever engaged in the pursuit of 
the assassins? A. Yes sir: I started on April 17th 
with Major O'Beirne, and pursued to Surrattsville. 

Q. State whether, in the course of that pursuit, you 
went to the residence of the prisoner. Dr. Mudd? A. 
Yes sir: we went there on Tuesday, the isth ; wlien we 
arrived there Dr. Mudd was not at home, but we saw 



5G 



TRIAL OF THE ASSASSINS AT WASHINGTON. 



his wiTe, and she told us she would send for him. tliiit 
he was in ibe neighborhood; when he came I asked 
him whetlier any strangers had been that way; he said 
not; we questioned him about two men liaving been at 
his house, one with a broken leg, and be denied that 
they had ; he spoke to some other officers. 

Q. Did 3'ou mention the time when you supposed 
these men had been there? A. Is'ot on our first visit: 1 
did not. 

Q. Did you have any further consultation with him 
upon thai? A. No sir, not on our lirsl V]Sit. 

U. He denied altogether that there had been any 
strangers there, you say. A. Yes. 

Q. Who made the remark about the man with the 
broken leg having been there? A. One of the other 
oUioers. 

Q. Did you hear his reply? A. I am not positive what 
It was. liut he made a reply. 

Q. Did he on that occasion state to you when he 
heard tor the first lime of tlieu.ssiissinaiiono.ihe Presi- 
dent? A. Yes sir: he said it was in church Sunday 
morning. 

Q. Did he converse freely with you; was his manner 
.<rauk or evasive? A. He seemecl to be a little uneasy, 
and not willing to eive us the inibrniaiion without 
being a-ked for everything. 

Q. "When did you see him the second time? A. On 
Fndav, the 21st. 

Q. What occurred then? A. We went there for the 
purpose of arresting him: lie wus not at home, but 
Mis. Mudd sent lor him; when he arrived at the house 
Lieutenant Lovoit asked him- a question or two, and 
then I asked him about the twJ men being at his 
house, and whtther he had seen them, and then he 
said that he had: 1 asked him, also, if they were Booth 
andllaiold; hesaid they were not; that he was intro- 
duced lo«Booth last fall, and knew him; he had been 
Introduced to Booth by Mr. Thompson; alt'T we ar- 
rested him weshuwed him this pictnre.aiul alterlook- 
Ing at it a liLtle while he said at first he dd not recol- 
lect the features, but that it looked like Bnotli across 
the eves; 1 intormed Mrs. Mudd that we would have 
to search the house, and then she said tliat one of the 
men had leit a boot up stairs in bed, and she went for 
and brought the boot: it was a long riding boot, with 
the Kew Y'ork maker's name and the name of J. 
Wilkes written inside; the boot was cut about two 
inches up irom the instep. 

Q. Didrshe say that the doctor had set the leg of the 
man? A. Yes sir. 

Q. How long did he say they remain^'d at the house? 
A. He stated to me they lelt between three and four in 
the aiten oon on Saturday. 

Q. Did he state to you at what hour they came? A. 
About daybreak. 

Q. Did they leave on horseback or on foot? A. He 
said tliej' lelt on horseback: Mrs. Mudd said they leic 
on foot. 

(J. Did you understand her to be speaking of one or 
both of them when shesaid the.v went on lOOt? A. I 
tiiidevstoiid her tosay Booth, and I believe it was Dr. 
iSIuild whosaid the injured man went away on crutches, 
which he said had been made for him by one of his 
men. 

Cross-examination by Mr. Stone— Q. Was Lieut 
Lovett present? A. Y^essir. 

Q. On both Tuesday and Fridaj-? A. Yes sir. 

(i. Was Mrs. Mudd in the parlor when she made this 
declaration about the boot? A. She was standing at 
the dour. 

Q. Where was Dr. Mudd? A. lie was in the parlor. 
- Q. Could he hear what Mrs. Mudd said? A. Ijuflge 
he could; he was no further than where you are sittiiig 
there. 

Q. She was the first one who mentioned about Bnotli 
to you? A. Yes: Itold her weshDiild be (■oinj>eiled li> 
Beurch the house, and then she sawl that tlie men hail 
lelt the bootthere, and Went up and binu^'ht itdnwn. 

U. Was it on Tuesday or Friday that he told you the 
first knowledge he had of the death of tlie I'resident 
was derived at church the Sunday before? A. Ou Fri- 
day, I think. 

ti. Do you remember that any one asked him in 
your presence. A. 1 do not. 

Q. You were all together in one room? A. Yes sir. 

Q. Did you <jr Liecitenant Lovett ask him about two 
strangers who had been ut his house any time pre- 
vious? A. We both asked him. 

Q. Which asked him lirst? A. I don't remember. 

Q. Did he give the same reply to both? A. 1 think 
hedid, sir. 

Ci. Do you feel confident of that? A. His ropiv to 
nie. on Tuesday, was that they ha(' .lot been there: I 
think it was thesame hesaid tc .lieutenant Lovett. 

U. Do you reiueiiiber on the ' i-iday of the examina- 
tion who asked liim lirst? A. 1 think it was Lovett. 

Ci. Do you remember whether he asked about twcj 
strangers, or about Booth and Harold? A. About 
strangers, 1 ihink. 

(J. What answer did ho make on Friday? A. The 
question was whether two strangers had been there; 
one with a broken leg; and then hesaid he had set the 
man's leg; that one of them wtis, apparently, i.bout 
seventeen or eighteen years of age; that they had 
knocked at the door, aiid he had looked out at the 
window and asked who tbey were; they replied that 



they were friends, and wanted to get in: and Dr. Mudd 
came down stairs, and with the assistance of the 
young man, helped the injured man from his horse 
and took him to his parlorand placed him on the soli. 

Q. Did he describe the strangers? A. He said one 
was about seventeeu or eighteen; that the other had 
a moustache and long thin whiskers; I asked liim 
if they were natural whiskers? he said he could not 
tell. 

Q. Did he tell you the color of the other man's hair? 
A. ?so; not that I remember. 

Q. Did he tell you his hei'-'ht? A. I am not positive. 

Q. Did he give any deseription of his dress? A. I 
think hesaid the injured man had a shawl; I am not 
certain. 

Q. Did he describe the dress of the vonnser man? A. 
I don't remember his say inganythinguboi. tit. 

Q. Did he describe his height and gener.U appear- 
ance? A. Hesaid he was asmooth-iaced young man, 
about seventeen ore.ghteen. 

Q. Did he tell you the direction thev took, and did 
you search for tracks in the direction indicated, and if 
so, did you find any? A. Ves. we fouud tracks, but 
otiier teams wero constantly passing, and the road is 
not much traveled. 

il. Did you go on Tue.sday across the swamp? A. 
Ye;; wo went ; 11 throu,:;h tue swamp on Tuesday and 
I'liJav, after we Came back. 

Q. Were you one of the party who went to see Mr. 
Wilnier's lioi.Tse? A. Yeasir. 

1.1. What lime didyou get there? A. Thursday orTues- 
day night; I thiuk it was late in the evening when we 
got there. 

Q. What time didyou say you got to Wilmer's? A. I 
think ii; was Wednesday evening. 

^l. Did you hear anything of them on the road? A. I 
did not. 

Q. I'his was before the doctor was carried to Eryan- 
towii? A. Yes sir. 

• 1. Were you and Mr. Lloyd under Lieutenant Lo- 
vett's orders? A. I was acting under M/i.ior OBe-irne's 
orders, but in his absence was under Lieutenant Lo- 
vett, whohad charge of the squad, 1 suppose. 

Q. Was Mr. Lloyd with yon? A. Y'es sir. 

U. Were you in the Court when bis testimony was 
read? A. I was not. 

The Court here tuok a recess. 

On the Court reassembling the testimony was con- 
tinued. 

Testimony of Simon Oavasan. 

Q. Will yon state whether you are acquainted with 
Dr. Mudd? A. Yes sir. 

Q. Were ycu not at his house the Tuesday IbUowing 
the assassinaiiuii? A. Vessir. Iwas. 

ti. State v\hat'inquiries you made of him there to 
aid yuu in the pursuit of the murderers, and what re- 
plieshemaUe? A. We went ti.ere on tlie lorenoon of 
that 1 uesday, the hsth; we went to his liouse. and we 
made inquiries whether any two nieji had passed 
there ou the uiorning of Saturday, alter the assassina- 
tion: he said "no," and then, when we asked more 
particularly whether two men came, one of them 
having his leg fractured, he said "yes;" we 
asked hiin what time, and he said, "at four 
or liall-past four in the morning they rapped 
at Jiis door, and he being alarmed at rlie noise came 
dnwn and let them in; he said another man assisted 
the injured man into tlie house; lie-s.iid ho attended to 
tiie Iraciureas well as he could, but that he had not 
much fracture: the person with the fractured leg 
slaved in the parlor at lirst. but alter that was taken 
up'tooneof liierooms up stairs, and remained there 
tiUbeflween three and live o'clock in the afternuon on 
Saturda.v: he said they then leit there, and lie went 
parlof the way with them,'but that previous to that 
lie went to li.dk lor a buxgy. with the oiher man, to 
have the wounded man taken away, but that he could 
nut liiid one; hesaid he went part of tie way on the 
road with them, but they "lirst iiujuired the way to 
A len's Fresh, and that they also iiniun ed the way to 
Dr. Wiimer's. and he sail he showed toem the ruads. 

g. Did you a.-k hun wiietlier he knew these persons? 
A. Hesaid at Inst "No. notat all." 

O. Ou theM;bse(|Uent da.\s did you have any inter- 
view with him, and if so when? A. Ou Friday, the 
21st. 

Q. State what occurred then? A. We went there to 
arrest him and search his liouse. Hewasnot in, but 
his wi/esenl lor him: when he came we iniormed him. 
that we Willi Id have to search his house; his wife tlien 
went upstairs and brougut ubout dow n; we examined 
the boot and lound ",l. Wilkes'' markodun the leg of 
the loot. She a.so l*iuiii;ht a razor down, which one 
of the party loo;< iiichart;e. 

Q. Jiid yon vepi at yuur inquiry as to who they were? 
A. We asked hiiu if it wa.. not Booth? he salJ he 
tbhught not. 

Ci. Did you get any reason for his so thinking? A. 
He said lie had whiskers on, and also had his mous- 
tache sh.ive. I oil; in-iihalily he shaved it oif up staii-s. 

Q. Jjid In; sijiak of having known him before? A. 
Yes; when we made inquiries he said he was intro- 
duced lust fail by a man named Thompson. 

Cross-examination by Mr. Ewiiig.— Q. Who was the 
chief of the party who were with you? A. We had no 
chief. 



TRIAL or THE ASSASSINS AT WASHINGTON. 




COL. LAFAYETTE C. BAKEE. 



(4) 



TRIAL OF THE ASSASSINS AT WASHINGTON. 



57 



Q. Who was in charge of the party? A. Lieutenant 
Lovptt canjo in cliarfje of a cavalry detaclimcjt, but 
WJ went niider iho orders of Major O'Beirne. 

Q. In the atisonee of Major O'Beirne, were you not 
under the order ol Llouienant Lovilt?. A. Yes sir, 
partlv. 

Q. who commenced tho conversation with Mudd on 
Tue<d ly? A. Tnat 1 am not able to sa>'. 

Q. liow long did the couversaiionlaot? A. Probably 
one hour. 

Q. In your presence? A. Yes sir. 

Q, Did not L'.eiitenant Lovetr. conduct the inquiries 
chieTy? A. No sir; the doctor was asked questions by 
all of us. 

Q. Did not Dr. Mudd himself bring the boot down to 
you? A. Ty'o sir; his \vi;e bruu,i;lii it down. 

Q. Wno was it given to? A. The one nearest the 
door. 4 

Q. Did you. in point of fact, make a Search of the 
house? A. Wo (lid not go up suiirs; when we found 
the boot and razor we cousi.ltred it satis:acU)ry evi- 
dence thatliooUi and Harold had been m ihe house. 

Q. Did you go to meet Wudd on Friday as he was go- 
iu{; to the house? A. No s r. 

CJ. Did Lieutenant Lovttt? A. There might have 
been one or ivvo oilier olliecrs; I am not sure. 

Q. Did you ask him on Tuesday for a description of 
the iiarty? A. Ko sir; I bilieve ihe pholoL,'rapU of 
Booth was shown to himand that he did not recognize 
it as one oilhe parties that was at his house, but that 
there was sonuM liiiiti about the forehead and eyes that 
resembled one of them. 

U. Did he point oiii to you the road the}' went across 
the swamp? A. No sir, lie .'a.d heliad made inquiries 
how they would gel to llie licv. Dr.Wilmer s. 

Q. He meutiencd that ou'l'ucsday? A. Yes sir. 

Q. Did he tell you how to get to Dr. Wilmer's? A. 
Yes sir. 

Testimony of Mrs. £nima Offutt. 

Q. State whether or not you are the sister-in-law of 
John Floyd? A. Yes sir. 

Q. ataie whether or not, on the Tuesday, the 11th of 
April, you were at his house? A. Y'es sir. 

(4. You saw Mr. Floyd on that day? A. Y'es sir, I 
was in the carriage with Mr. Floyd. 

Q. On that occasion did you happen to meet Mrs. 
Surratl? A. Yes sir. 

Q. iStaie to the Court where the meeting took place? 
A. Somewhere near Uiiioiilown. 

Q. State whether or not a conversation took place 
between Mr. Floyd and Mrs. Surratt on that day? A. 
Yes, they talked together. 

Q. Did j'ou hear any ot the conversation? A. Yes 
sir, some or it. 

Q. Under what circumstances did the conversation 
take place? A. Ourcarriages passed each other belore 
we recognized who it was. and Mr. Floyd went out to 
her ciwriage, and they had a conversatiou which took 
place at her carria-^e, and not at ours. 

Q. Were you at Mr. Floyd's again on Fridaj-jthe Uth 
of April? A. Yes sir. 

Q. Slate whether you saw the prisoner, Mrs. Surratt, 
there? A. Yes sir. 

Q. Did you observe anv conversation between her 
and Mr. Floyd on that day? A. Y'es: 1 saw them talk- 
ing together, but I did not lieaittheni at all; I had oc- 
casion to go to the hack part of the house. 

Q. Did tlie conversation talce place in the back part 
of the house or 111 the yaid? A. In the yard, sir. 

Q. Had Mr. Floyd been to town that day? A. No 
sir, he liad been to Marlborough, attending court. 

Ci. What did he brins; with hint when he came back? 
A. Some oysters and lish, and that is how he came to 
drive into the back part oi the yard. 

Q. Was any one else in the yard at the time of this 
convers tinn? A. No sir. 

Cross-e.xauiination by Mr. Aiken.— Q. How far apart 
werethe two carriages when you wentpasteacli other? 
A. Tw.iorthree \ ards; I think they talked buta very 
lew minutes together. 

U. Did Mr. Floyd state what the conversation was? 
A. N.>.sir. 

Q. Nor what the conversation on the Hth was about? 
A. N(j; he did not. 

Q. Have you been a:^quainted with Mrs. Surratt for 
some time? A. Eversince last summer, I believe. 

(i. Whattiuie did she arrive at Mr. JTloyd's on the 
Mth? A. At about ■) o'clock, I think 

Q. Did you hear any conversation with her previous 
to Mr. F"loyd's coming home? A. Yes sir; in the 
parlor. 

Q. Did you learn what the conversation was on that 
day? 

Question ohiected to and waived. 

Q. Did iloya make any statement in reference to 
his business with Mrs. Surratt? A. No sir. 

Q. Did Mrs. Sur alt have any business with you on 
that day? A. No'sir. 

Q. Did Mrs. Surratt place in your hands any pack- 
age? A. No sir. 

Q. During your visit to Mr Floyd's did you hear any- 
thing about sliooting ircms? 

Assist;int Judge Advocate Bingham objected, and 
the objection was sustained by the Court. 



Testimony of AVlIliam P. Jebb- 

Q. Loolc at the prisoners and see if you recognize 
any or all of them? A. Only one of them, sir. 
(J Which one? A. Harold. 

Q. Slate when you Jirstsawhim? A. Since the25th 
ot last October I have been in Caroline counlv, Marv- 
land. as commissary agent in the Conl'i'deral(> service: 
I was ill the cavalry service, hut was wounded on the 
ytli of January, and aier that was appointed commis- 
sary agent; when I was on my way. in April, to Fau- 
quier county I got down to Port Conway and saw a 
wagon on the wharf. 
Q. When was that? A. On the 18th of April. 
Q. The Monday after the assassination? A. No sir: 
the Monday week after the murder; tlicre were three 
of US together; we saw the wagon and rode down on 
the wharf, and before we readied the wagon we saw a 
man get out of it and it seemed to us as if he put his 
hand into his bosom; I don't remember whether we 
bailed the (erry or not; this one man got out of the 
wagon and came where we were and sail:— ' What 
command do you belong to?" Buggies said Mosehv's 
command; tlien he said, "Where are you going?'' I 
said. "It is a secret; where are yon going?'' 

Q. Did you askliim wliat command he belonged to? 
A. He said he belonged to A. P. Hill's Corps. Uo 
said his brother was wounded below Petersburg, and 
askedil we would take him down to the lines. Harold 
asked us then to take a drink, but none of us drank, 
and we declined. I got down and carried out three 
horses and tied them up, and Harold came and touched 
me, and said he wanted to speak to me, and said. 'II 
suppose you are raising a command to go South;" and 
then said he would like to go with us. IsadtliatI 
could go with no man that I didn't know anything 
about, and then he made this remaik:— " H'c tuu 
the. assaxsi7ialors of the J^rrxidenf." I was so shocked 
that I did not know what to say, and I made 
no reply. Lieutenant Buggies was near by, 
watering his horse, and I called to him; became there, 
and then Booth came'tip and Harold introduced him; 
after introducing himself Booth liadamark upon his 
hand, I remember, J. W. B.; we went across tlieriver. 
Booth ndingon Buggies' horse, and he said he wanted 
to pass under the name of Boyd: we went to a lady's 
house, and I asked her if shecould take in a wounded 
soldier; she at first consented, and then said she could, 
not; we then went up to Mr. Garrett's, where we left 
Booth; Harold and the rest of us went on within a lew 
miles ot Bowling (ireen; the ne.xt day Harold re- 
turned towards Garrett's, and that was the last I saw 
of liim till alter he was captured. 

Q. Did I understand you that Booth went alone to 
Garrett's? A. Nosir; Buggies, Booth. Bainbridge and 
I rode up to Garrett's and we lelt Booth there and Ha- 
rold came on with us to Bowling (ireen and had ilinner. 
Q. Iio you know where Harold went to from Bow- 
ling Green ? A. No sir; he left us the next day at two 
or three o'clock. 

Q. Now when you saw him on Wednesday morning 
he was in custody then? A. Yessir. 

Q. Before he said to you "we are the assassinators of 
the President," had you told him you were in the Con- 
federate service? A. Why lie could see that, because 
we were in Conlederate uniform. 

Cro-ss-examined by Mr. Stone.— Harold wanted you to 
aid him in going further South? A. Yes; but we had no 
lacilitit s to aid him. 
Q. Did beseem disappointed? A. Y'es sir. 
Q. Was Booth present when you were talking with 
Harold about their being the assassinators of the Presi- 
dent? A. Not when he f'rst toldme; heandBainbridge 
came up after. 
(,1. Did he seem to be much agitated? A. Yessir. 
ii. What did Booth say? A. Ue said "I didn't in- 
tend telling that." 

Q. But Harold did tell ? A. Yes, he had told before 
Booth caine up. 

Q. Can you recollect whether he said that he had 
killed the President? A. No: he said, "We are the 
assassinators of the President;' then a few moments 
afterwards he said, "Yes, he is the man, J. Wilkes 
Bootli. who killed the President." 

By Mr. Aiken.— Q. Have you ever taken the oath 
of allegiance? A. No, sir; but I am perfectly willing 
to do so. 

Testimony liieut.-Colonel €. J. Congrers, 
By Judge Holt— Q. .State to the Court whether you 
an I oihers were engaged in the pursuit of the mur- 
derers ot tlie President. If so, please take up tlie 
narrative at the point where you me,, the Confede- 
rate soldier Jebb, who has given his evidence, and 
state what occurred afterwards. A. I found him in a 
room in the hotel m Bowling Green, in bed: I ccpected 
to find somebody else; as I went in he began to get out 
of oed:Isaid, "Is that you, Jebb?" he said, "Yes;" I 
said, "Gel up, I want you;" begot up, and I told him 
to put on his clothes, and come into the part ot the 
room where I was; 1 said to him. "Where are tiie two 
men who came with you across the river at Port 
Roval?" there were two men in the room with me; 
Jebb said to me, 'can I see you alone; ' I said yes, 
and Lieuts. Baker and Doherty went out of the room. 
He reached out his hand to me and said, "I know who 
you want, and 1 can tell yoa where they are now; they 



53 



TRIAL OF THE ASSASSINS AT WASHINGTON. 



are on the road to Port Royal, about three miles from 
liere. at the house of ilr. Garrett, a;id if I show you 
v/here they are now j'ou can tvt them; I said '-have 
you a hor e?" ho replied he had; I told liim 1 had just 
come from there, and he seemed ;or a moment t j be 
considerably ^-mharrasscd; he said Iiothourit wccame 
from Kichrannd, but if wc had passed by Garrett's he 
could not tell me whether the meu were there or not: I 
told him It did not make any dili'erence, we could no 
back and see: he KOt out his horse and we started; just 
before we got to the house Jebb, who was ridin'^ with 
me, said "'vve are near where we go througli 
a gate, let us stop here and look ruund;" 
I rode, in the first place, alone, to lind 
the gate, about as (ar as I under- tjod him to say 
it was, but did no:sceany oponinij: theic \va a hedrre, 
or ra'her a bushy lence llial side of the road; 1 turne 1 
round and went back, and toll lam I did not si(? ; ny 
gale in that direction; we thm rccie on some three 
bundrctl yards furtlier and stoi pod again; JeL)b went 
with Jjieu'enaut Baker and my.self to find the 
gate; I sent Lieutenant JJaker on to llie gate 
while I went back myself lor tiie cavalry; we 
returned rapidly, and a.i:;u;;ra w;us .stationed round tlie 
building: when! weut to the house Lieutenant Baker 
was telling some one to strike alight and come eut; 
I think tlie door was open when I got there: the (irst 
iudividual I saw when I got there, wuose name w;is 
said to have been Garrett; I said to him, "Where are 
the men who stopped at your house?'' ''The'/ have 
gone." "Gone where'?" 'Gone to the woods." "Wiier- 
abouls in the woods have theygDue'?" ho then com 
menced to tell me that thiycame there without his 
cou-'ent, and that he did not yyant tuem to stay: i said, 
"I don't want any long stories from you, 1 just want 
to know svliere those men have gone'.*" he com- 
naeueed to tell me overasjaiu i!ie same thing, and 1 
turned to one of the men and told hiui to bring me a 
lariat, and threatened to hang the iiiau lo a 
locust tree because he did not tell me what he 
knew; one of his sons tiieii came in a;id said 
don't hurt the old man, be is scared; I will tell you 
wiK-re tliese men are; I said tliat is wiial I want; he 
said they are in the barn, am! a^.soon as I got tuere I 
heard somebody walking abuut on the lav; l stationed 
men around the birn, and Lieutenaut B.iki'r s.'.id to 
one of the young Garretts (tliere had two (ji t;.em ap- 
peared by this time) "you must go in tlie linrn aod get 
the arms !rom that man;" Itliiuk he made some ob- 
jection to going in, and Baker.sald, "They Icnow you, 
and you must go in;" Baker tiiens-id to t ly men in- 
side liiat one of the men with v/hom tin y iiad b?en 
stopping was CLiining in to get iheiirarnisaiid tliey must 
deliver them up: (larntt wi nt in, but eam'outvery 

so. u and said. " Tills man says, ' you, you have 

be;rayed me,' and threatened to soo jt m:';" I asked 
liim liow he knew ilie ra:in was goi:ig to slioot liim ; 
he said, " He readied down in the hay and got the re- 
volvers;" I directed Ba:;or tlien to tell the men inside 
that they were to come out and deliver tiiem-ielves up. 
and tliat if tliey did not in live minute; we would set 
Ibe b?.rn on lire; Bootli said. "\\'i;o are you'? what do 
you want?' I.ieuleuant B:'.ker answered. •• ',Ve want 
you: we know who you :ire; give u,! your anas and 
come out; Bootti replied, "(^ive us a liitle time 
to consider:" Baker said. "Very well," and sorao 
te:i or lifteen minutes elapsed, probably, be.'ore 
anything further was said, wiien Booih a.gain a-ked, 
" Who are you'? Wh.tt do you w m". '? ' I >.iiil, 
to Baker, do not by any pos^iblo int. ma! ion <>v 
remark let him know who we are; ii hoe'iooses to take 
us lor llebels er iViends we wjil take advantage en it; 
■wo will not lie to liiin about it, but wo wi:i not answer 
anv nuestions on that subjeet; situp y insistou hi> com- 
ing out if ho will; Baker replied lo Diu.th, "U d mt 
maiceany difi'ereiiee wlio wo are. we know who you 
around we want you:" Booth Faid. •This is h ird, b?- 
cause it may be I am to be t:ik< n by my f fiends;" som' 
time during the conversi;t;on U 'otii said, 
"Captain. I know you to be a brave man. and 1 
believe you to bo h')n>r ble; I iiave g >t liui oito log: I 
am a cripole; if you will withdraw your nie i 103 yards 
Irom tliedo:ir I will come out e.nd fight you:' Liiuten- 
anlBjkerre 'lipd,"wcdid noleoiao here to fight, we 
simoly comeiomakeyouprisoair ;"onc(?a leriliat ir.' 
Slid "if you Will I ako your men .:o yards from the door 
I will come out and t'ts'it: givj nie a cliauco for my 
life:" there w;'r the same r-^piy, nnd wi'h a sia-^ularl v 
theatrical voice, Booth <;^Ulod out. "well, my brave 
boys, you may prepare u stretcher for mo:'' I rJqufsied 
oneof theOarrelia to pil'j some pino tioughs against 
the barn: hesr.oMCime to mea'idraid."tlii i man saysii 
I put any more orusli uptiierche wi:i jmtaba 1 llirou h 
me; 'sai'l I."vrr>' well, .you nee I not gothercan.vniore:" 
Alter a wh lo Jiootlisad:— 'Thi re is aman here who 
wants to come out;" Lieutenant B.iker said "'Very 
well: let him lake his e.rms and conioout:" someta'ic 
parsed between faem in the barn; one of thr; expres- 
sions I heard l;o>th use to Harold was, "You 

coward, will you leave me now'? Iilit ro. ico I would not 
h.ive you s!:'.y v.itli me;" further words ensued I etwoi n 
them, which I supposed had re erence to bringing out 
tiip arms, which w;isoneof the coiidit'ons on whljh 
ITar lid was directed tocome out: what the words v.ere 
^\'a ) not heard; he came to the dot rand said, "Get me 
6ai;'' Lieuieuaut Baker says to him, "Hand out your 



arms;" the reply was. "I have none;" Baker 
said. "You carried the carbine; you must hand 
it 01. t;*' Booth lepliod. "The arms are mine. I have get 
them;'' Baker said, "This man carried the carbine, 
and must bring it out:" Booth said, "Upon the word 
and honor of a gentleman the arms are mine; I have 
got them;" I told Baker to never mind the arms, but 
let this man out; Hr.rold put out his hands, and Lieut. 
Baker teok hold of him and brought him out, and 
passed him to the rear; I then went around the barn, 
pulled some straw out and twisted a little rope, as big 
asyour linger, and fired itand stuck it back; it seemed 
to be loose, broken hay, that had been taken up from 
the barn floor: it blazed verv rapidlv, and lit up the 
barn at once: I looked through one of the cracks, and 
just then heard something drop on the floor, which I 
supposed lol e Booth's crutch. 

When I first noticed him his back was towards me; 
he wa; looking towards the front door; he then came 
back wit.au i.ve leet of the corner of thebarii; tlieonlv 
thing J noticed ho had in his hand when he came was 
a carbine: he i aised Ihecarbiiie to his breast and looked 
along the cracks rapidly; he then looked at the tire 
;ind Irom tlK! expression of his face I am satisfied he 
looked to see ii he could put it out, 'but he could not, it 
w-sbanng too rapidly; I started to go round to the 
front of tile barn again, and when I was about lalf 
around L heard the reijort of a pistol; I wenr.onarouud 
to the door, went in and found Lieutenant Baker look- 
ing at him, and rather holding or raising him up; I 
said he had shot himself; Baker said he had not; I 
asked where he was shot; we raised him up and the 
blood ran out of his wound; I then said " Y^es, he lias 
shot himself." 

Lieutenant Baker replied very earnestly he had not. 
I said that we must carry him out or this will soon be 
burning us: wo look him up and curried him out on 
the grass, a I'ttle way from ihe door beneath alocust 
tree: 1 went back into the barn to see if the fire could 
be jnit out and returned to wl.ere he was lying; before 
this I supposed him to be dead: he had all tlie ap^iear- 
anee-; of adead man, but when I came back his" eyes 
and mouth were moving; I called immediately for 
water, and put some on his face: he seemed to revive 
aiiil ;ittemived to speak; I put my ear down to his 
mouth and heard him say, "Tell rii5' mother I oied for 
m. country;'' I repeated the words to him and said, 
"is tliat what you would say?" he said "Yes;" they 
carried him to the porch of tiarrett's house and laid 
him on a straw bed or tick; ut that time he had re- 
vived considerably, and could talk in a whisper so as to 
be intelligibly understood. 

He could not speak above a whisper; he wanted 
water; 1 gave it to Irim; he wanted to turn on his face; 
Isaid he could not lie on his face: he wanted to be 
turned on his side; we turned him on his side three 
times, but he could not lie with any comfort and asked 
immediately to be turned back: he asked me to put my 
hand on his throat and press down, which I did; he 
said "harder:" f iiressed as hard as I thought neces- 
sary: he made a very strong exertion to cough, but 
was unab! ■ to do so; I supj) ised ho thou;hl there was 
blood in his tiiroat; I asked him to put out his tongue, 
v.iiich hodld; I said, tiiero is no blood in your throat; 
ho repealed several times, two or three limes at least, 
•• Kill me, kill me;" I replied. "I do not want to kill 
yoa; 1 w:int vou togel wi'ii:" I then took what lliiugs 
hei,adinhis i>ocket and lied tl.'om up inajaiier; I 
had pri'Viousiy sent for a physician, who came there 
tos.ehim: he was not then (juite dead; ho would once, 
leriiaps. in five minutes gasi>: his pulse would almost 
die out.and then there would be a slight motion again; 
I le t him. with the prisoner Harold, in charge of 
Li'itenp.nt Baker, styin^ that if Jlooth revived aj;aiu 
t ) wait a-i hour, and if likely to recover to send over 
lo Bolle Plain for a surgeon from one of the gun ships; 
if not. to get tie best conveyance he could and bring 
liiia over, lie '.d or alive. 

Q. You loll b fore bed ed. A. No: I stayed there some 
tea minute; after that the doctor wiio w.is there said 
he waidead. 
Q- Yon have seen the dead body since? A. Yes. 
At this point the knife, belt, cartridgo-bo.x. pistols, 
pocitet comiiass, and carbine, in )iossessiou of Booth 
whon he was killed, were produced in Court, and iden- 
tiiied by the v.itness. 

Q. I< that wiiat is called a Spencer rifle? A. Yes. It 
isaH:)enccr rille or c.irbino. It is a cavalry weapon. 
It h:is that mark on thebreoch of it. 

Q. Wereiheso arms loaded? A. Yes, the pistols were 
lo.'.ded when broiijht into .Socretirv Stanton's ollice: I 
unlmelcd this carbine myself; I did not count the num- 
ber ol balls la it; there was one in the barrel and the 
ciKinibor was full; the chamber was bent; some one 
h-^d tried to unload it previously, and I was called to 
get ii out. 

A spur and file was also exhibited to the witness, and 
he w.is rsked if he could identity them? 

\Vi ! lie s.— That file was taken out of Booth's pocket; 
the spur is like the one he had on, but I could not 
idenli.'y it as the samespur. 

Witness then examined and identified the bill of ex- 
change found on the person of Booth. 

Q. In what State and county did this occur? A. I 
think ii is iu Caroline couuty, State of Virginia, three 



k 



TRIAL OF THE ASSASSINS AT WASHINGTON. 



59 



miles south of Port Royal, on the road to Bowling 
Green. 

Q. Do you recotrnize the prisoner Harold as the one 
you took cut of tiie harn? A. i do. 

Q. What iiruolf.s tliil you take Irom Harold, if any; 
A. 1 took a little piecu u/ a map of the SLato of Vir- 
ginia, includin-^ a part of Ch(;sapjake li.;y. 

Q. Do you renionibiM- whether the map embraced 
the part of Virginia wiiere they were.' A. I^ did; ic 
covered tliat portion of Virginia known as the North- 
ern Neck. 

Q. Was it a map prepared in pencil? A. No; it was 
part ol an i Id school map thai liad been oriccinally 
sixteen inches s<5Uiiri' (pirlion of a map shown to wit 
ness); yes, that is it; that is the only property found on 
him. 
.- Cross-examined by Mr. Stone.— Q. Did you find any 
arms on Harold? A. No. 

Q. You stated that Booth had some conversation in 
the barn be. ore he came out; did you observe whether 
In that conversation Harold seemed willing,' to surren- 
der himself? A. I do not know anyihiiif; about it, 
except from the remark i li ive stated tiiat Booth 
made; I did not hear any jiartoi the conversation. 

Q. In that remark Booth spcko harshly to Harold, 
and called liim a coVvi.rd, did he not? A. Yes. 

Q. Ilow long were yoi. at the harn? A. X think I 
looked as soon as f conveniently could after we got to 
the barn, and it was about two o clock in the movnint;; 
Booth was shot and carried on yie prass aliout tifteeu 
minutes past three, so that we must have remained 
there about an hour and a quarter. 

Q. Was he carried almost immediately onto thegrass 
after he was slot? A. Yes. 

Q. Did you hear Booth say anything else in relation 
to Harold than you have stated? A. No. 

Q. Do you remember hearing him say that Harold 
was not to blame? A. I have an indistlnci recollec- 
tion of something ol that kind; I will tell yuu as near 
as lean what it was; he said, "Here is a-jnan who 
wants to come out,'' and I ihaik he added, '■wi.o iiad 
nothing to do with it;" tiiat is a; near as 1 can remem- 
oer what he said; alter that Harold came out. 

By Judge Holt.— Q. Had you seen Booth ineviously, 
80 that you could recognize me lu ;n who was; killed as 
thesame person? A. I thougiit Icould recoLcni'/.e him 
from his reserablauce to his orotiier; I hidoiieii seen 
his brother. I'Jdwin Jiuoih, and was satisfied this was 
the man, from his resembance to him, 

■TestimoHy ofSergreanf Busion C"orl>ett. 

Examined by Judge Holt.— Q. You may state what 
part you took in the pursuit, capture and killing of 
Booth, beginniug the narration at tiie point when you 
arrived at the house. A. Wiien 1 arrived at the house 
my superior otlicer, Lieutenant D. ugiierty, told me 
that Booth was there and directed me to lieidoy men 
to the right and left around the building, and see that 
no one escaped; by this time imjuiries had been made 
at the house and it was ascertained that Booth was 
not in the liouse. butin the barn; me greater part ot the 
guard were thenwithdrawu Iroui the house aiidplaced 
around the barn and orders weregivenloal low no oneto 
escape; we had been jireviously cautioned to see that 
our arms were in readiness lor use; alter being ordered 
to surrender and told that the barn would be tued 
if they did not, we remained there lor s<mie minutes; 
Booth incjuired who we took him lur; lie said his leg- 
was broken, and what did we wftnt wilii him; he was 
told that it made no diherenee who we were: that we 
knew who thej* were, and that they must surrender 
themselves as prisoners; he wanted to know where 
they would be taken to if tiny gave themseivei up; no 
reply was given: the parley lasted mucii longer than 
the time first slated, probably, i should t.iiiik, fully 
half an hour, more or less in the course of that time 
many words passed, and Bjotii positively de 'lared he 
would nut surrender; at one time he said, "Well, my 
boys, you may get a stretcher for mj;' at ano'.iu.r time 
he said, " Weil, Captain, make quick work; shoofme 
through the heart," tr words to that etVict. so that i 
knew he was perfectly desjierate, and would nut sur- 
render: after a while X heard whispering mere: Booth 
hadpreviousl.y declared there was no other person in 
there; the other person, who jjioved to he iXarold, 
seemed to be trying to persuade Booth to sur- 
render; we could not hear tlie words; after a whue. 
Booth sung out, "Captain, there is a man in 
here who wants to surrender; ' words foUowfd: X could 
not hear what thej- were; Booth said, "Oh, go out, and 
save your life;" he then called out, "I declare bolbre 
my Maiier, this man is innocent of any crime what- 
ever," or words to that Cilect; further wfjrds followed, 
in which Harold seemed to tell Booth that he would 
not surrender; he was told to lake his annsandcome 
out; Harold declared he had no arms; Booth also de- 
clared that tnis other man was unarmed; that the 
arms belonged to him; immediately after this, 
Harold having been taken out with arms, detective 
liieutenaut-Colonel C'on.cer came over to the side 
where X was, and directed the barn to bc> fired; I lu.d 
been previou.jiy standing belore a crack in the boards. 
large enough to put in your hand; I knew that Booth 
conld see us and could have picked us oil', and he. in 
fact, once made the remark. "I could have picked 
three or four of your men oli",'' "ju-st draw your meu oil' 



fifty yards and I will come out;" he used such words 
many times: whin the lire wa; ligiited, which was a - 
most immediately after Harold had been taken out oi 
t o harn, X could then see him distinctlv in about the 
middle o. the barn; he started at first towards nie, and 
X had a lull irontdri ss view oi' him; 1 could have shot 
him much easier than at the time X did, but as luiii; us 
ho made no deuiunstraliun X did not sliuot him: 1 k' pt 
my eye. Ill him steadily: he turned towards lUe other 
side; he Lr^mghL hi ; piece up to an aim. and I suppu.-eU 
was going to fight his way out; X tiiought the time bad 
coma, and I touk asleady aim upon him and shot him; 
tiiub.ai entered Ins head a little back ol the ear and 
cameout a little higher on the other side of the head, 
ho lived, i think, until about seven o'clock that morn- 
ing, perhaps two or three hours after he was shot; X did 
not hear him speak after he was shot, e.xcept to cry 
out when he was shot; others stated that he aid uiter 
words alter that, but X did not hear any after I shot 
him. 

Q. State whether you recognize the prisoner Harold 
as the man you took out of the barn? A. Y'es, that is 
the man. 

Q. D:d you know Booth before? A. No; but I was 
perfectly .^atisHed from the first, when Booth said iiis 
leg Was broken, and al^o from his desperate rejilies 
that he would not be taken alive, that he was the man; 
X knew no oiher man would act in such a wa\-. 

Cress-examined by Mr. Stone.— t^ Y'ou say that you 
judged from the con vi r.^ation belween B'ooth and 
IXarold 111 the bam that Buoih was an.\ious to surren- 
der? A. I rather thougiit so. 

Q. But ibataller Booth refused to surrender, Harold 
seemed to speak as if he desired to stay with him? A. 
Y"es. 

(J. And it was after that that Booth made his decla- 
ration ? A. Y'es; he declared belore his Maker that 
the man with him was innocent of any crime: I 
also wish to stale, with permission of the Court, as 
improper motives have been attributed to me, that I 
oliered twice to Xjieulenant-Colonel Conger and 
X^ieutenant Baker to go into the barn and take' 
these men, tel ing them that I had rather go 
in than stand there before the crack exposed 
to his fire; I thought it was less dangerou% for while I 
C'.uld not see them they conUlsee us; X diu not fire tlio 
ball Ironi leai', but becau.sel was under the impression 
at the time that he had started to the door to fight his 
waj through and that X thought he would do harm to 
our men if I did not. 

'!l'<?sli!!iu<Msy of John Fletcher. 

E.xamined by Jud:.;e Ilolt.— Q. State your business? 
A. X am the ioremun of the Naylor's livery stable. 

Q. Do yon know the prisoner Atzeroth? A. Y'es. 

Q. Stale whetherur not you seen him abuutthe third 
of April last? A. Yes; he came to the stable at that 
time, between six and seven o'clock, with another 
geiuleman and two horses; they said they 
wauled to put up iheir horses there; X ordered 
their horses down into the stable; the other gentle- 
man who was With Atzeroth, told me he was going 
to X'hiladelphia, and that he would leave these 
horses in Aizeroth's care to sell; X have never 
seen that man since we k. jit the horses at the stable, 
and sold oiie of them to a Mr. Thompson, a stage con- 
tractor. We kept the brown horse at the stable until 
tlie 12ih of the monlh, when Atzeroth took him away 
X didn't see him asjain until one o clock on the Hth o* 
April; he came in then with a dark bay mare: If 
asked him what he had done with the roan horse: he 
said he sold him in Montgomer.v county, and that he 
had bought this mare, saddle and bridle; " he wished 
me to pet the mare, which X did. 

Q. Slaie tliecharacter of the horsehe said he had 
Slid; was oue eye b imi? A .Yes; be was a very heavy 
cumnidii work liorse, blind in one eye; u dark brown 
horse: heavy tail and mane; very heavy leet; X went to 
supper at 6'i o'clock on the Mlh, and when X came 
back, the coFored boys had the mare saddled and bri- 
dled; he paid tlie colored bo3' lift.v cents for the 
keeping: and said "Was that right?" X said "Y'es;" he 
asked how much I would charge if he stayed till morn- 
ing; I said fifty cents more; hewentoutand sta.t^cd 
three-quarters of an hour, and returned with thesame 
maOfe; lie told mc not to take the saddle and bridle otT 
the niaro. and a^ked if Icould keep the stable (jpen 
for him till ten o'clock: I told him yes. I should be 
there myseli'; at ten o'clock hecameaiter the mare: lie 
asked me if X would liaveadrink with him; X luld 
him I had no obiection: we went down to the Union 
Ho tel, cor tier of Thirteen-and-a-half street and Est rest, 
and took a di ink; we returned to the stable, and iie said 
to nie, 'Xf this thing happens to-night you will hear of 
a present." Xt seemed to me he was about half tight, 
and X paid no attention to him; he mounted the mare; 
X remarked that I would notlik-eto ride that mare, that 
she looked too skittisli like; he said she is good upon a 
retreat; X spoke to him of the other luan. moaning Ha- 
rold, staying out very late with the other hor.-e; oh! he 
says.he will be back after awhile: X watched him until he 
went down Est., past Thirteen-and-a-half St., and I fol- 
lowed him down until I saw him go into the Ivirkv.ood 
House: X watched him until he came out, mounted the 
man' acain, went along D street, and turned up Tcnili. 
when I'returned to the stable again; I did not go to the 



(50 



TRIAL OF THE ASSASSINS AT WASHINGTON. 



office: I was think'ns about his living '^o far off. and of 
tlio horse Harold liad; I liad suspicions tliat he was not 
^0'n!j to bring tho liurse back; 1 went across K.stree: 
a'iain. and went up Fourteenth street and came on 
Penn':vlvania avenue again, towards Willard's; I 
saw iTaro'.a ridin? t lie horse: I liailed him: the horse 
was n-oinq towards tlie stable; I started towards liim 
to takethe horse irom Ilim: I suspect that he saw me 
bv the gaslight and knew m". lor Ije began t > move the 
horie away ii little; I said " You get oft" th;:t horse 
now, j'ou have liad that liorse long enough;'' lie put 
spurs into the horse and went up Fourteeiirli street; 
I kept sight of him untl he had gone up Fourteenth 
street as 'far as V street; I then returned to tlie 
stab.e and sad'Med a liorse for myself; I went 
along the avenue, pissed down K street, and 
turned down Kiuth to Pennsylvania avenue again; 
I went along the avenue, and i.ast tin? south side of liie 
Capitol; 1 met ;i gentleman coming down, and asked 
him did ho see any man riding on hi)r.sebacl<; he told 
meyes, he saw two: that thev were going very last; 1 
tollowed on till X came to the Navy Yard Bridiie: the 
guard tliero halted me and called lor the Sergeant ol 
the guard: I asked him if th s man had piissed, giving 
a description of the man, liorSe, saddle, and hrid e; 
he said yes, lie liad gone across the bridge, that he 
waited a little for an acquaintance, but after a while 
went on; that another one came up riding a bay liorse: 
I asked him if the first one gave his name, he said 
ves. Smith; I asked the Sergeant if I cou d cross the 
bridge; he said yes, bjt I could not get back; I said I 
would not go over so, and I turned roundand came 
back to the citv again ; I looked at my watch when I 
hadgot back to Third street, and it was ten minutes 
past 12; I rodarapidlvdown to the bridge, but slowly 
back; wheu I got to the stable the foreman told me the 
President was shot; I put up th- liore andsat ddwu 
outside the iiflice; it was then l o'cIock; I heard peop e 
passing on the sidewaliv savthiit it was a man who 
rode off on horseback that shot President Lincoln ; I 
went across f; street to Fourieenth, and asked a ser- 
geant if thev picked up anv horse: he told me he had 
picked up some horse, and that I could go down to the 

Solice station on Tenth street: X went tliere and saw a 
elective by the name of Chtirley Stone, who told me 
thatsome liorse hadbeen taken up and taken to Ceneral 
Augur's Head-quartei-s: we went along together up to 
General Augur's office; I gave General Angur Harold's 
description and age as far as I could; I tcM him I had 
pur ueJ Harold to the Navy Yard brid'-'e; a saddle and 
bridle were lying quite close to his desk, winch I re- 
cognized as the saddle and brit'ie Atzeroth liadon the 
horse hesa'd he had sold: he r.sked me what kind of a 
horse he had; I described him as a big brown horse, 
blind in one eye; X did not romemb' r the man's name 
tlieii: Iliad his name in the olRce; he sent the detective, 
Charley Stone, down to the office, who brought up the 
name andgave it to the General. 

A saddle and bridle were here brought into Court, 
which were identified by the witness as those herecog- 
uized at (General Augurs office. 
Q. I>id he call at loo'eloek precisely? A. Yes. 
Q. iJid lie siieak ahimt anything wontleii'nl that 
night'? A. He said if this thing happened I wouldhear 
of a iirest>nt. 

Q. Had he been talking to you of anything bel'ore? 
A. No: but he seemed to be very much e.xciled. 

Q. 'When you lelt the city was he going up Tenth 
street towards Ford's Theatre? A. Yes. 

Q. You spoke of Harold's having a horse from your 
stables? A. Yes: he hired him on the 14th, aliouta 
quarter to ten o'clock, and said he would be alter him 
at (our o'clock: he came after the horse at a quarter 
past four o'clock; he asked me how much I would 
charge for the hire of the horse; I t lid liim J'"); ho 
wanted him for$t: I told him he could nut have it lor 
that: ho knew this hijr^e and inquired for this particu- 
lar one; I told him he might lake a mare in the f*'.:ihle. 
but liesaid he vv(*ild not l.U<e her; ho waiiiid to see the 
saddle and bridle; 1 showed him the saddle: he said it 
was too small: I gave him aiiotlier saddle; that did not 
suit him; they were not the kind ol' stirrups he want( d; 
thev were covered witii leather; he WiUited l-jighsh 
steel stirrups: he wanted to see the bridles, and X to( k 
him into the oiiice and he [licked out a d )Ublc-reujed 
brdle: belbrehe mounted the horse he aske 1 me now 
lateliecould stay out; I told him he could notstay. 
later than « or '.i o'clock at the furthest. 

Q. At what hour did you see Harold riding that night? 
A. About half past ten o'clock; he was crossing down 
from towards the Treasury on the Avenue; X met him 
along by Willard's. as ho was passing Xdurteenlh 
stre.'l: when I spoke to him he rod • olf r;ii)idly. 

Ci. Did he have a fast horse? A. Not vi'ry fast; he 
v.-as a ladies' horse; any one could ride him; he was 
gentle and sure. 
Q. Did he trot or pace? A. He had a single rack. 
Q. Did he make any reply when you called him? A. 
Not the slightest. 

Q. You had not then heard of the President's assassi- 
nation? A. Not a word. 

Q. Have you seen the horse Harold rode since that 
time? A. X have not. 

(J. Did you see a saddle and bridle at General Augur's 
on the night ot the 14th? A. Yes, at Iwoo'clock that 
night I did. 



Q. Have yon sf-en t'a" I'np.pvpci injrsg since? A. ^'o. 

tross-examined by Mr. Stone.— Q. At tie lime 
Harrikl i , i, d lO jew you down in price wa ; it when i;e 
call! d at one or four o'ciock? A. When he engaged the 
horse at one o'clo.'^k. 

tj. When you saw him again at 'Willard's did the 
horse seein lobe tired? A. Not very; he seemi d to 
kind to want to come to the staide. 

(J. How near were 3-011 tj him when you first saw 
him? A. Nut fifteen yards: he was letting thehir-se 
go slow. ihiMi, as i; to bring him up standing. 

Q. Did you call him byname? A. I did not; it was 
then about twenty-five minutes past ten o'clock. 

ti. Are you satislieil it was tliesame man now in the 
box? (poiuliug to Harold.) A. Yes. very well satis- 
lied. 

Q. 'W^ere you acquainted with him before? A. The 
way 1 got acquainted witii U.irold was his coming to 
the stable, about lhe5;h or u.h of April, and iiujuiriiig 
:or Atzeroth; he d.d not give his name, but iniiuired 
or the gentlcm:in who kept Ills horse in a part.cular 
stable; X saw him nearly every day until the 12: h, 
coming there for AtzeroUi, and sometimes riding with 
him. 

Q. Did you notice tlie horse or man particularly, or 
both? A. X noticed the horse and man both. 

Q. Wliat time in the evening of the 14th ol April was 
it that Atzerotli came 10 your si able? A. He le t there 
at 7 o'clock and came back at quarter to S o'clock ; the 
last tiire he came Ihet'e was at 10 o'clock ; we went to 
the hotel, as X said.dnd toolc a drink, and it must have 
been tea minutes bei'ore he le.t: the Uiiinn House is 
about \[)i> yards di.staiu from the stable, as faras X could 
judge. 

Q. You took a drink with Atzeroth; did he seem as 
though ho had taken a gi)od many more? A. Yes. 

Q. What did you understand by iheremark he made, 
you wiiuid hear o: a i>resent? A. X did not pay much 
attention to that reniarli. 

Q. What made you follow Atzeroth that night? A. 
On account of his acquaintance with Harold, who had 
rode away one of my horses. 

U. Did you suppose Atzeroth was going where Harold 
was? A. I supposed he lived so far away that he was 
not giiing home; X knew that he lived down at T. B.. in 
ilarvland; X followed him for the purpose of finding 
Harold. 

(.>. Were j'ou called on to identify a horse at General 
x\ugur's stable? A. No. 

Q. What did Harold tell you when he engaged the 
horse on the lllh? A. Jle told me he wanted to go 
ri.iing with a l;idy; I did not aslc him with whom, and 
he did not tell me. 

Q. How long was Atzeroth in the ICirkwood House 
oil the nighlof the Hth before you saw him come out? 
A. He did not stop there more ihauUve minutes; I was 
watching the horse outside. 

U. If you followed liiu^ on fool, how did you manage 
to keep up wilhhim? A. IXe started away iium the 
siable rapidly, but soon after rodeslowlyand X cou.d 
keep up withhim; I readied the Xvirkwood XXouse ju^.t 
alter he dismounted from the mare; the Xvirkwood 
Huusi; is distant Iroiii the stab.e about two squares. 

Q. Did you keep up with Atzeroth alterwards? A. 
No, I kepi in sight ol him; he rode away in a walk. 

U. How (ar did you lodow liim? A. X just kept in 
sight until he turned into Tenth street, and X never 
saw liim again until to-day. 

Tiie witness, bydireuiion of the court, was sent to 
the stable hir the pmpose ot identifying the blind 
horse reierred tu in ins testimony. 

Testiinoiiy of .Eotin <]ireenntvalt. 

Q. State wliether or not you are the keeper of the 
X\'iiii.-y;vaiiia IXuuse in this ciiy? A. X am. 

CI. -Vre vou acquainted with the prisoner, Atzeroth? 
A."l am. ' 

Q. Were vou not acquainted witlt J. Wilkes Booth? 
A. X was iioi wcil acqu.ijnled with him; he came to 
ilie house. I A jihotograph was exhibited to the wit- 
ness which he recognized as that ol Booth.) 

(i. state whetlirr or not ihe man Booth had frequent 
interviews with Atzerothat the Piiinsylvaniu House? 
A. He had: Al; (noMi would geiier.dly sit in thesit-ing 
room and Bvo h would wa*l< iuio theliall and then 
out a-ain, lolluwed by Atzeroth; Booth seldom entered 
the room: they had interviews in front ol my house, 
and tiiev would o ten walk off as far as the livery sta- 
ble, where their conversation wuuld take place. 

Q. Did you al anv lime hear the 1 risoner A'zeroth 
spe.ik of e.X|)ectiiiic to have pleiit\- ol gold soon? I' so, 
state what you heard. A He and some other young 
men u lioiu he me; came into my house. IXe had b.'en 
drinking, and said, "Greenawalt, I am pretty near 
broke, though 1 have I'rieiids enough to give me as 
much money as wiii Keeii me ill my life. I am going 
away one 01 these days, but I will return with as much 
go d as will keep iiie all my lifetime." 

Q. When was it he made that declaration? A. I 
think it was about the lira if April. IXe came to my 
hous(?, I think, on the ISlh of March last. 

(I. Slate how long before the assassination he left 
your house. A. I think it was on the previous Wed- 
n sdav morning. 

(.<. Had he any baggage with him? A. No sir. 

(J. Slate when you iie.'it saw him? A. I next saw 



TRIAL OF THE ASSASSINS AT WASHIXGTOX. 



61 



him on Saturday morning, the 15th of April, between 
two and three o'clock. 

Q. D'.d he come inln vour house, and asli: for a room 
at that hour? A. 1 liad just come into the house, and 
gone to ray room, wlion a servant came to get change 
lor a five doUar bill, and told nie there was a man by 
the name of Atzeroth down stairs who wanted lodging; 
I went down, and found Atzeroth and another man 
there. 

Q. Did the two men take a room together? A. Yes 
sir; Atzeroth asked lor liis old room: I told hmi it was 
occupied, and that he would have to room with the 
other gentleman, whom I requested to go to his 
room with the servant; Atzeroth was going to follow 
him, and I said "Atzeroth, you have not registered;" 
he said, "Do you want my name?'' and appeared to 
hesitate; he "finally went back and registered his 
name. 

Q. Will you describe the appearance of the man who 
was with him? A. He was a man about hve feet 
seven and a half or eight inches in height, and about 
one hundred and ninety pounds weight; of a dark, 
weather-'beaten complexion, and dressed poorly, his 
pants being worn through. 

Q. Had he the appearance of a laboring man? A. 
Yes sir. 

Q. Could you express an opinion as to whether the 
clothing worn by him were such as he probably ordi- 
narily wore, or were assumed by him as a disguise? A. 
I guess thev were more of a disguise; he liad on a 
broadcloth coat which had been much worn; his whole 
appearance was shabby. 

Q. What name did he give? A. I believe it was Sam 
Thomas. 

Q. What became of him? A. He got up. I believe, 
about five o'clock the next morning, and lelt the 
house; a lady stopping at the house desired to leave in 
the 6'15 train, and 1 gaVe orders to a servant to that 
effect; she lelt before I got up, and as she was going 
out of the door this man Thomas went out and asked 
the wav to the railroad; he had no baggage. 

Q. Did Atzeroth remain? A. He lelt shortly after- 
wards, making towards Sixth street westwardly. 

Q. How long alterwards? A. When the servant was 
returning he met Atzeroth ana saidto him, " .itzeroth, 
what brings you out so early in the morning?" "Well," 
said he, " 1 have business." 

Q,. Had he paid his bill? A. No sir; I did not see him 
again. 

Q. Do you recognize him among these prisoners? A. 
I do. 

Q. Did you observe any thing unusual in the conduct 
of these men when they Krstcame? A. Nosir; the man 
Thomas stared at me somewhat; he kept a close eye 
upon ine. 

Q. Did tney have any conversation in your presence? 
A. Nosir. 

Q. Which of them asked for a room? A. Thomas 
asked for a room lor himself; as I came in Atzeroth 
was lying on a settee and Thomas standing at the 
counter. 

Q. Do you know the prisoner O'Laughlin? A. No sir. 

Q. Dirt Thomas make any remark to j'ou? A. All he 
said to me was that he was a poor writer. 

Q. Were either of the parties armed? A. I did not 
notice; I heard It said that Atzeroth had a knil'e. 

Q. Had Atzeroth on any previous occasion hesitated 
to enter his name on the register ? A. No, sir. 

Q. Did you ever see him armed? A. In March. I 
think, it must have been, 1 saw him have a revolver, 
which he had just bought; he came in there and made 
the remark that he had just bought it; I told him 1 
■wished I had known that he was going to buy such an 
article, as X had a small one which I would have sold 
to him. 

Q. Do you think you would recognize the revolver 
which was in his possession? A. I think I would. 

A revolver was then e.xhibited to the witness which 
he described as being somewhat similar to the one 
shown him b.v Atzeroth, though he could not say that 
it was the same one. 

Cross-examined by Mr. Dosler:— Q. State on what 
day belore the l4th of April Atzeroth left your house? 
A. It was on the liith I think. 

Q. How long did he stay at your house on that occa- 
sion? A. From the isth of March until the 12th of 
April; during that time he was away but once, when 
he stayed out one night; he told me he had gone to the 
country with a man by the name of Bailey. 

Q. What were the arms which you have stated that 
you saw in the possession of Atzeroth? A. A large re- 
volver, something similar to that one; other persons 
say that he had a knife, but I never saw him with one. 

In reply to several ottier questions the witness 
stated that he did not remember having made or hav- 
ing heard any remark preliminary to that of Atzeroth 
with respect to his expectation of having gold or silver 
enough to keep him all his lile; the man Thomas, who 
came to the hotel on the morning of the 15th with 
Atzerotli,did not seem to be intimate with theprisomr, 
though he judged them to be acquaintances; Atzeroth 
did not reluse to put his name on the register, nor did 
he say that he would not like to do it; he did not seem 
sleepy or in liquor. 

The witness having been asked if he could identify 
the man Thomas from among the prisoners at the bar. 



pointed out the prisoner Spangler, as having some 
resemblance to that person. Thomas, however, had a 
moustache which the prisoner had not, and his hair 
was longer and his complexion darker. The witness 
slated that he did not see Atzeroth and his companion 
enter the house, and therefore could not tell whether 
they entered together. 

Cross-examined by Mr. Ewing.— Q. What Induced 
you to suppose that they came'in together? A. My 
servant told me so. 

Q. What kind of a moustache had the man whom 
you say the prisoner resembles? A. It was black; he 
had whiskers in front, and wore a dark, slouch hat. 

By Judge Advocate.— Q. I understand you to say 
you are certain that you did not see the prisoner, 
O'Laughlin. at your house? A. I did not; 1 do not 
know the man. 

Q. Did the hair or moustache of the man Thomas 
appear to be dyed? A. No sir. 

U. Did not Atzeroth object to this stranger coming 
into his room? A. Nosir. 

Q,. He simply assented to it when you told him there 
was no other room? A. Yes sir; I told him he would 
have to go with the man Tliomas 

By the Court.— Q. Do you know whether they got up 
at the same time in the morning? A. I do not. 

Q. Did they occupy the same bed? A. Nosir. 

Q. What day did Atzeroth leave your house before 
the murder? A. On Wednesday, I think it was; he 
said to me then, "(jreenawalt, I owe you a couple ot 
days' board; would it make any ditlerence to you 
whether I pay j'ou now or when I come back;" he 
added that it wouid be more convenient lor him to pay 
when he came back; he allowed he was going to Mont- 
gomery county. 

Q. Do you know the prisoner with the black mou- 
stache (.O'Laughlin)? A, I do not. 

U. Do you recognize the lace of the man Thomas 
among those of the prisoners at the bar? A. I cannot 
positively. 

Testimony of John F. Coyle. 

Q. Are you one of the proprietors of the National In- 
telligencer? A. Yes sir. 

Q. State to the Court whether you were acquainted 
with J. Wilkes Booth during his life time? A. I knew 
him. 

Q. Did you know him intimately? A. Not at all. 

Q. J. Wilkes Booth, before he died, made this state- 
ment; that on tue night before the assassination ot the 
President, he wrote a long article and left it with one 
of the editors otthe Mdional Intelligencer, in which he 
fully set lorth his reasons for his crime; will you state 
whetlier such a paper was received? A. I never heard 
of an v such paper. 

Q. Are you quite certain that no such paper was 
ever received at the office? A. Not that I ever heard of. 

Testimony of IKezekiah Metts. 

By Judge Holt.— Q. Where do you reside? A. In 
Molitgomery county, Maryland. 

ti. ^laie whether you ever met the prisoner, Atze- 
roth. and if so, where and under what circumstances ? 
A. 1 recognize the prisoner at the bar; on the Sunday 
alter thetleatb ot Mr. Lincoln he was at my house and 
ate his dinner there; he was just from Washington 
and was inquiring about the news; some conversation 
took place about. General Grant liaving been shot and 
we understood that he had been shot in the cars; he 
then said that "if the man that was to have followed 
him, had lollowed him, it would have been done;" I 
so understood him. 

Q. Did bespeak of the assassination of the President? 
A. Not that I recollect; I have no recollection of any- 
thing lurther, 

Q. How far is your residence from Washington? A. 
About twenty-two miles. 

Q. Did he represent himself as having come from 
Washington? A. Yes sir. 

(4. Did he speak at all of the assassination which 
had iusi occurred here? A. Idont recollect; the con- 
versation turned on General Grant. 

Q. Did you make any inquiry after he made that 
statement? A. No, not at the lime; we talked about 
the matter after he lelt. 

Q. Did his manner seem excited? A. I could notsay 
fhat it W.T.S. 

Q. Where did he say he was going? A. He^idnot 
say. 

Q. By what name did he call himself? A. Ho passed 
in the neighborhood under the name of Andrew At- 
wood. .^ 

Cross-examined by Mr. Doster.— Q. What is your 
business? A. Farming. 

Q. How long had you known Atzeroth before the 
visit vou have spoken ol? A. I think it is between two 
and three years since I first got acquainted with him 
in that neighborhood; I merely knew him by sight; I 
do not recollect that I ever saw him but once before 
the Sunday he came there. 

Q. You say he went by the name of Andrew Atwood 
around that vicinity? A. Y'es sir, that is the name I 
knew him by. 

Q. At what time of the day did Atzeroth arrive, and 
how long did he stay? A. He came, I suppose, between 



62 



TRIAL OF THE ASSASSINS AT WASHINGTON. 



10 and 11 o'clock; I suppose he stayed some two or 
ilii-ee hours. 

Q. iJid he recognize you as an old acquaintance? A. 
lie knew me. 

U. iJid you speak about the murder? A. T do not re- 
collect saying anything about the assas'^ination. 

Q. Was'anybody else pre.seut and talking with you 
when he made the remark about somebody loUowing 
tieneral Grant? A. Yes, sir. there were ii couple oC 
young men; we were all in the room together; I was 
about threeyardslrom Alzeroih when he uiade the re- 
mark. 

U. Was not this the answer— "that a man must have 
followed General Grant to kill him?" A. No. sir, it Wiis 
not spoken in that way; it was, that if the man who 
was to have loUowed him had dune so. Geueral Grant 
would have been killed. 

In reply to a Question by the Court the witness stated 
that the youug'men present at the time of the prison- 
er's remark, given above, were brothers by the name 
of Lemmou, whu resided in the neighborhood. 
Testimony of Serjjeant ©. W. Oemmcll. 

By Judge Holt.— Q. Do you recognize the prisoner 
AtzerotU as a man whom you ever saw before? A. 
yes sir. 

The witness then detailed the circumstances attend- 
ing the prisoner's arrest, whicli occurred on the 19th; 
at the time of his arrest he denied that his name was 
Atwood, and gave another. 

Q. Bid the prisoner ask why you arrested hjm ? A. 
No sir. 

Q. He made no inquiry? A, No sir; I asked him 
just heloro he le:t Germantown, whether he had lelt 
Wa.shington recently: he told nie he had not; then I 
asked him whether lie had not something to do with 
the murder and he said he had nut. 

Q. Did he persist in denying his name? A. He said 
that he had not given a liclitious name. 

Q. At what time did you ask the question as to 
whether he wa,s connected with the as.sassinaliou? A. 
It was between seven and eight o'clock, as I was going 
to leave Germantown. 

Q. You arrested him about four o'clock, and up to 
seven or eight o'clock he made no inquiry as to the 
cause of his arrest? A. No sir. 

During the cross-e-xaminalion the witness stated that 
he proceeded in guest ot Atzerolh, in pursuance of 
orders from t'aptain Townsend. to tind a man by the 
name of Atwood; witness could not -state positively 
that the name just given by the prisoner was not Atze- 
rolh; was certain that the" prisoner stated that he had 
not come from Washington. 

lie-ex:ii»ination of John Fletcher. 

By the Judge Advocate— Q. Since leaving here have 
you visited the stable at the corner of Seventeenth 
and I streets, and examined the horse iu regard to 
which you testified? A. "'lessir. 

Q. Where did you find the animal? A. I found him 
iu the middle of the; Head-quarters stable, iSeven- 
teenth and I streets, in the hrst stall. 

U. Did you examine him and recognize him as the 
horse spoken of in your testimony as having been 
taken from your stable by Atzeroth? A. Yes sir; lie 
was blind in the right eye. 

Testimony of Tliomas li. Gardner. 

By the Judge-Advocate.— Q, Have you or not any 
knowledge ol a dark bay, one-eyed horse, now in Ge- 
neral Augur's stables, at Seventeenth and I streets, 
Washington? A. Yes sir. 

Q. When did ycm last see the animal? A. I saw him 
on the 8th of this inoiitli. 

Q. Have you any knowledge of the horse having 
been sold by your father, and if so. to whom? A. He 
was sold by my uncle, George Gardner, to a man by 
the name of Booth. 

U. When? A. Some time in the lalterpart of Novem- 
ber la.st, 1 think. 

(i. Do you mean J. Wilkes Booth? A. I do not know 
the first name. 

U. How near is your uncle's residence to that of Dr. 
JIudd? A. Not over a quarter ot a mile away. 

Q. Do you know whether Booth purcliased the ani- 
mal on the recommendation of the prisoner, Dr. 
Mudd? A, I do not. 

Q Did he come here alone or with others? A. He 
came there with the prisoner. Dr. ^^amuol Mudd. 

Q. Describe the horse. A. He is a dark bay horse, 
and is blind in ilie right eye. 

By the court.— Q. Were you at your uncle's when 
Booth and Mudd came to buy the horse? A. Yes sir. 

(i. Did they CDiue ill a carriage or oil liorsebaeU? A. 
I think they wireon horseback. 

Q. Iiid tliiybcjth li'ave together? A. Yessir. 

ci. Did Dr. Mudd take any part in the purchase or 
evince any interest in the matter? A- Not that I am 
aware of\ 

Cross-examinod by Mr. Stone.— Q. Where did Booth 
take the horse? A. At his request I took tliehor.se, 
next morning, ti Montgoiuery's stable in Bryantown. 

Q. Did Booth say what kind of a horse he wanted? 
A. He said something about wanting a horse lor a 
t)Uggy, with which to travel over the lower part ol 
Marylanil to look at the land. Mv unclo luld him ho 
'would sell him a young mare, and Booth said that a 



mare would not suit him. He then showed him a 
horse, and Booth suid liiially that that huree would 
suit him. He said heonlv wanted a horse for one vear. 

Q. On what day of the week was this? A. I think it 
was on Monday. 

Q. Did you see Booth at church on the previous day' 
A. No sir. 

By the Court.— Q. Was Booth in the habit of staying 
at Dr. Mudd's when he wa> in the neighborhood? A. I 
do not know that he was ever in the neighborhood be- 
fore; it was the first and the last time that I ever saw 
Booth. 

By Mr. Stone.— Q. Did vou ever hoar of his being in 
the neighborhood? A. I think I did hear of his being 
in I he neighborhood of Bryautowu before that, but 
never since. 

TPKtimony of I.ientonant John J. Toffey. 

By Judge Holt.— Q. Have you any knowledge of a 
dark hay horse, blind of one eye, now at General Au- 
gur's srables in this city, corner of teeventeeutli and I 
streets? 

In reply, witness stated that on the night of the 14th 
ot Ajiril, about hall-fia-t U o'clock be was going to 
theliospital where he was stationed, when he .saw a 
liorse standing near Camp Barrv, about three quarters 
of a mile ea,si of the Capitol, lie took charge of the 
animal, and incompliance with orders finally delivered, 
it to other hands, at General Augur's head-quarters, 
having taken his saddle oif the horse. The horse was 
a large brown animal, blind of one eye. 

A saddle was exhibited to the witness which he 
ideiililied as tlie one taken ott' the horse by himself. 
He further testified that when he first saw the horse it 
was a little lame. 

The Court then adjourned to meet to-morrow morn- 
ing at 10 o'clock. 



Washington, May 18— The Court, after the evi 
dence taken on Wednesday had been read, proceeded 
to the examination of witnesses. 

Testimony of A. R. Reeve. 

By the Judge Advocate.— Q. State where you reside, 
A. At Brooklyn, New York. 

Q. In what business were you engaged in March last? 
A. In the telegraph business. 

Q. Look at this despatch, and state what you kno^T 
in regard to it. A. It was handed to me at the St. Ni- 
cholas Hotel by J. Wilkes Booth, to be sent to Wash- 
ington. 

Q. Will you read it? The witness read as follows: — 

" New York, March 23. ISflo.— To Weischman, 

Ksq.. No. .541 H Street, Washington, D. C— Tell John to 
telegraph the number and street at once. J. Booth." 

Q. That was J. Wilkes Booth? A. It was. 

Q. Was it sent on the day of its date? A. It waseen 
on the 23d or March to this city. 

Cross-examined by Mr. Aiken.— Q. How do you iden- 
tify that telegram? A. I remember that he signed the 
name of "J. Booth," instead of J. Wilkes Booth, 
which was his full name. 

Q. Were any remarks made to you by the man who 
gave you that despatch at the time of his giving it to 
you? A. No sir; I was busy at the time, but in send- 
ing it I noticed that the middle name was left out. 

Q. Are you iu the habit of keepiu-' all despatches 
sent? A. Yes sir. 

By Judge Holt.— Q. Is this the original despatch? A. 
Yes sir. 

By Mr. Aiken.— Q. What sort of a looking person 
gave you that despatch? A. If I saw his likeness I 
could tell. 

Uc-£xaniinntion of liCwis 'VVeiscbman. 

By Judge Holt.— Q. Look at that telegram and state 
whether you received it on the day ol its date. A. I 
cannot say that I received it on tlie 2;>l of March, but 
I received a telegram of the exact nature of this one. 

Q. Who is the person reierred to there as John? A. 
John .Surratt was frequently called John. 

Q. Did you not deliver the message to him? A. I de- 
livered themessage to him the same day. 

Q. What did he say? A. I questioned him as to what 
was meant by the number and street; he replied to me 
Don't be so inquisitive. 

Q. See whether this is the telegram you delivered ? 
A. It is. 

The witness, by request of the Judge Advocate, then 
read the telegram, which was a copy of the one given 
above. 

Q. Did you know the handwriting of Booth ? A. I 



TRIAL OF THE ASSASSINS AT WASHINGTON. 



63 



have seen his handwriting, and could recognize his 
autograpli. 

Tlie witness was here shown the original telegram, 
purporting to li:ive been written by Booth, and saiti, 
that Is hishandxvritinpr. 

Q. istiiie wheiiicr, on or about the 4th of Jfarch last, 
you had an intcivifw in your room wUh Jolin Willcis 
Booth, JnhiiSiirnitt and Payne, thoprisonernt tliebai? 
A. I will state til at as near as I can recollect ir was 
after the4tlior>rareh. and tlie second time that P,;yiie 
visited tlie house: when I returned I'roui my oflice one 
dav at lialt"-).ast lour o'eliKk and went to my room, I 
rans; the bc-l I'or Dan, the nesro servant, and in reply 
to ah iiic)niry which I iiddresseil to him he toldnie that 
John had riildeu out at abuut half-past two o'cloCii in 
the nfternoon, Willi six others, on horsebacic; ongoing 
downstairs I Ibtiiid Mrs. Surratt wee]iiiig bitterly and 
aslicd liir wliat wa-^ tha mat'er: she said to me. " gd 
down and make the best ofyour dinner, J(*n hasgonct 
away;'' alio. it hali'-past. si.K o'clock; .lohii barr.ut 
came home and was ver.v mncli intoxicated; in fact he 
rushed irantically intotheroum; hehadone ol'Sharps 
small six-barrel revolvers in his liand; I ,«aid "Jolin, 
why are you so miu-hexcitea?" he replied, "I uillshoot 
any man who comes into this room; my hopes are 
goiie and my prospects blighted; I want sometning to 
do: can y<ni "get mn a clerkship'?" The prisoner, Pay ni>, 
came into the room, and about filteen minutes after- 
wards Booth came into the, room, and was so much ex- 
cited that he walked frantically around the ro(/m se- 
veral times withmit noticing me: he had a whip in liis 
hand; the three then went up stairs into the second 
story .and theymust haveremained there togetherabout 
twenty minutes; suhseqiienti.v I asked Surratt where 
he hau left Pa\ iie; he sai<l Payne had gone to Balti- 
more; I asked liiin where Booth had gone; he said to 
New York; some two weeks afterwards Surratt, when 
passing rlie post office, inquired for <\ letter under the 
name of James Sturdy, and I asked him wliy a letter 
was sent to him uuder a Jalse name; he said he liad 
particular reasons lor it; this must have been two 
weeks after this affair, before the '-Oth of March: the 
letter was signed Wood, and the writer stated that he 
was at the Kevero House in New York; that he was 
looking lor sumetliing to do, but would probabl.v go to 
some boiirding-house in Grand street; X think West 
Grand street; this "was the whole substance of the 
letter. 

Q. Are you familiar with Booth's handwriting or 
simply with liis iiulouTaph? A. Iliaveseeu his ahro- 
graph :.t the hotel and have also seen his autograph at 
the hoii«e. 

Q. Here is a note signed R. E. "Watson— will you 
look at it and see whetlier that is Booth's handwrit- 
ing? A. No sir, I would not recognize that as Booth's 
handwriting. 

Q. Was there any remark made in their excited 
conversation on tlie occasion of which .vou have 
spoken as to where they had all been riding? A. No 
sir, the.v were very guarded: Payne made no remark 
a: all; the only remarks made were those excited re 
marks by surratt. 

Q. Surratt had been riding, you say. and Booth had a 
whiii in his iiand? A. Yes sir. 

Q. ]£e appeared to liave been with them also? A. 
Yes sir, he was much excited. 

Cross-examined by Jlr. Aiken.— Q. What time in the 
da.vdidyou meet ]\[r. Floyd on his way to Washing- 
ton? A. It must have been abotit teii o'clock in the 
morning. 

Q. Did you hear any of the conversation that passed 
between him and Mrs. Surratt at that time? A. No sir; 
I leaned hacft in my bug.'y, and M is. •Surratt lean'd 
sideways and whispered some words in Mr. Floyd's 
ear. 

Q. Did she afterwards say anything to you as to 
what the conversation was about? A. No sir; the 
only conversati<in that I heard at that time was be- 
tween her and Mrs. Ott; she was talking about Mr. 
Howell. 

B.v Mr. Johnson.— 0. W.^s that at the same time? A. 
No sir; it was after the conversation between Floyd 
andlier^elf. 

ti. Was it on the same spot? A. No sir. 

By Mr. Ewing.— (J. Do you recollect when it was 
that Booth played "Pescara." in the Anoatale? A. Yes 
Sir: lie piaved it that night; that must have been about 
the 24th of Marcli. 

Q. Was it not the day before or the dav after their 
return from the r'.de that he played in the " Aiio=itate?" 
A. That 1 eannotsiy; it must havebeen af.er the-lth 
of March; this man Payne was stopping at the liou^e 
at the time, and when lie came to the house he made 
some excuse to Mrs. Surratt, saying he would like to 
have been ther • before the4th of March, but could not 
get there; by that circumstance I recollect that it was 
after the 4th of March; whether it was bofoi e or after 
the day that Booth played "Pt^^cara" I can't say. 

Q. Did you go to see that play? A. Yes sir; Booth 
sent complimentary tickets, at least gave a pass to 
Surratt for two. and he asked Surra'.t whether he 
thouglit I would go: Surratt said he thought not: when 
Surratt asked me X did go: the pass was a written one, 
and the d .orkeeper at first refused us admission. 

Q. State whether the affair of the ride was before or 



after Booth played in the ApostatfJ A. To the best ot 

my recollection it was before. 

t^. How long belor(>? .\. Well, as near as I can re- 
collect, about two wi'eks hefor.'. 

Q. You cannot sta'epositivejv whether it was before 
or a: ter the play In the ApoitairJ A. I would not like 
to state positively. 

By Sir. Eakin-^Q. How did .vou learn anything with 
re erencet;) theantecedentsofMrs. Slater? A. Through 
Mrs. Surratt herself. 

tj. What did Mrs. Surratt tell you? A. :Mrs. Surratt 
stated 10 me that she came to the liouse in company 
with this man Howe; thatshc wasaiSorth Carolinian, 
1 believe; that she spoke I^rench, and that she was a 
blockade runner or hearer of desjiatehe-:. 

Q. Where were you at the time Mrs. surratt told you 
this? A. X was in the nouse, in the kitchen, or at least 
in the dining-room. 

Q. Are you certain beyond all doubt that Mrs. Sur- 
ratt ever told you that Mrs. Slater was a blockade rua- 
ner? A. Yes sir. 

. Q. Had you before that time ever .seen Mrs. Slater 
at the house of Mrs. Surratt? A. X myself saw her only 
once: I learned she had been to the iiouse twice. 

(.i^ Never mind what you learned; jou saw her only 
once? A. Onl.v once. 
Q. How long was she there ? A. Only one night. 
Q. Did you have any conversation with her your- 
self? A. ,siie drove us to the door in a buggy, th'e bell 
rang, fnd Mrs. Surratt told m? to go out and take her 
trunk; there was a young man in the bugg.v with her; 
that was all the conversation X had with her; she had 
her mask down, one of those shun masks that lad ies' 
wi 'ar. 

(in being interrogated by the Court as to the 
mcaningol thi' word mask, tiie witness saw tiiat he m- 
tended to signify a veil of tlu- ordinary description. 

Q. Was anv one be.sides yourself pre.<ei)lon the oc- 
casion of this eonversation? A. Not that X remember. 
Q. On what day was that? A. It was sometime in 
February: I do not remember the precise day. 

Q. Did you hear anything said about M"rs. Slater 
aftcrwarils? A.. No sir. 

Q. Wliat was Mrs. Surratt's exact language in glvintt 
yon this information? A. She said lliat this woman 
was from North Carolina, and that it she got North, 
there would be no damxer lor her, because, being 
French, she could immediately api)ly to the French 
C insul: that was about the only language X can re- 
member. 

By Mr. Doster.— Q. When John Surratt returned to 
the house in a st:ite of excitement did he I ell you the 
oceasion of his excitement? A. Is'os.r; he showed me 
his pistol andsaid tiiat he would shoot any man who 
came into the room: I said. "John, wh.v are you so 
excited, why don't you settle down like a sensible 
young man?'' Ho said, "my hopes are gone, my 
pro-pec'ts blighted, can you get me a clerkship?" 
Tho-ie were his precipe words: X looked at him and 
thouL'ht he was foolish. 

Q. Yon remarked that Mrs. Surratt was weeping bit- 
terly; <lal she state the cause of her griel? A. She 
merei.v said go dovvn and make the best .vou can of 
your dinner; that John had gone away: Ji hu, when 
he returned, said to me that he had on t'lree pairs of 
drawers; I thought from that he was going to take a 
long ride. 

By Mr. Eakin.— Q. By whom were you called upon 
first to give your testimon.v in this case? A. I was 
called bv tiie War Departnu-nt. 

Q. Bywhat member of the War Department? A.I 
was called on by Judge Burnett. 

Q. Were you arrested? A. X surrendered myself up 
on Saturday morning, at eiu'ht o'clock, to Superinten- 
dent Bichards, of the Metropolitan Police force; I 
stated to him what X knew of thesi; men. P.:yne. Har- 
old and Booth, visiting Mrs. Surratt's: X stated also 
what I knew of John Surratt. 

Q. What was your object in doing this? A. My ob- 
ject was to assist the Government. 

U. Were au.v threats ever made to you by any officer 
of the Government, if you did not give this iuiurma- 
ion? \. Not at all. 

Q. Were any inducements held out to you b.v any 
officer of the liovernment? A. Not at all: X read i a 
the papers that mra-ning a description of the assassin 
of Secretary Seward: he was described as a man who 
wore a long gre.v coat; I had seen Atzeroth wearing a 
long grey coat; I went down ti; X'enth stnet, and 
met a gentleman, to whom I comniun cated noy 
suspicions, and then went and delivered myself 
lip to suiicrintendent PLiehnrds, of the Metropolitan 
Police I'orce, and told him where tiiis"^ man X'.iyue had 
been stopping, and also Atzeroth and Harold; I was 
then sent to General Augur's oliice: alter leaviUL; that 
place, I met a man who kept a stable at Thirteenth 
and E streets, who stated that a man had 
been to his place to hire a horse; he described 
the man as being of small stature, liaving black 
evebrows and a kind of a smile on his face: lie said the 
name was Harold; X then went witli officer MoDcvitt 
to IXarold's house, and procured photograplis of him- 
self anl Booth: oincer McDevitt procured a piioto- 
graph ofSurratt; I related what I knew of IXarold's 
habit of riding through Maryland, and that he had 



64 



TRIAL OF THE ASSASSINS AT WASHIXGTON. 



many no(inaititano»fl tliprf. and that thp assassins 
woufd pr .bablv take their roiirsi' tliroimh Maryland. 

Q l>iil ymi <"ver sav previous to your snrrondorin!; 
yoursi'lf and goinv; to" the otlice of Colonel lUirneit. 
that vou were leart'ul of an arre<t? A. I niysell had a 
grrat deal "f I'ear: bclns; inthis honso where these peo- 
ple were. I knew that 1 would be brought into pnbllc 
notice. 

Q. I am not asking what you had to fear but what 
you paid? 

Jud^'i' ningham— You hadbetterallow him to answer 
In h.is dun wav. A. .\s lur as cfim-eriied inyc gnl- 
zance of anvthliig wrong, I had no f -ars at all; wiieii 
I surrendered nivsellto thetiovernnu-nt I surrcnden-d 
myself hei-.vuse I'thoughl it to bo my duty; it was hard 
for me to d > so, situated as I wxs with respect to Mrs. 
Surratt and lamily; but it was my duty, and as such 1 
havesintc re^ardod ii. 

Q. 1 lid vou at an V time during the year 1S6.T board at 
aliotel c.iUod the R ynolds House? A. 1 did sir. 

Q. Dd you become acquainted there with a ^-entle• 
man who went bv tlie name of St. Marienn? A. 1 will 
BttttM thai in IS' 3 I met t'.iis St. Marienn In Maryland al 
a villa,'e called Kl angowan; he was Introduced 
to me by a clergyman and was at that time teach- 
ing school: he spoke French, Knglish and 
Italian fluentlv and his manners were very fasci- 
nating; he said then he had come from Mon- 
treal, and that he had been iiniortunate in this 
countrv. Having lost some five or six I housand dollars. 
the proc cds oi a farm lormerly owned by him in Cn- 
nada: he slat -d also that he canio to New York, era- 
barked in a vessel to go to South Amiiica. and that 
the ve~-i-! was captured and ho was thrown into Fort 
McII'Mirv. f;OTi wh'cli place he was r.dea^ed ihr iui<h 
thci'.i;en'cv i:f the French Consul; the witness added 
that the person to whom he referred, becoming di-sil- 
tutcoi me in<, took a situation on a larm; that lie (llio 
wltne-^s) snbse<iuently m>( hin.and finally promised 
tndoall liMCouid for"hiin; two weeks after returning' 
to Wasliin.'ion ho wa-; called noon by 8t. Mancnn. 

Jud,-o Bingham ilien staii d that there was no neces- 
Blt V lor aiiv I'lirijicre.xplanatioii. 

cj. Di 1 you pay his board at the Reynolds House, or 
bccon:e responsible lor it? 

JudL-e B nu'ham— I object to the question as being a 
maiteiof no coLsequeuce whether the witness did or 
did not. 

(j. ]>i<l he state to you at any time that there was no 
arist' cracy at the N' rth.and lie wished [•> t;o .South? 

Judce liin'.;ham— I obje.tto that also, as ills uo mat- 
ter whether lie did or did not. 

Q. Dill heK.a:e to you that if he could not get to the 
Po'.ith in anv oilier way he would join a Federal regi- 
ment and desert? 

Jiidue Bingham— I object to that, too, he Is not a 
witness hi re. 

Q. I) > you know whether Mr. Teynolds reported 
anyof h s"St. Mari'-nn's ' treasonable talk orlangua.t^e 
attha! time to tlie War Dopartmeiit? 

Ji'dge IJingham— I object to that, too; I would like 
to know wliattiiat is introduced lor. 

Mr. l^akn— Ttis intiodnoed forthe purpose of show- 
ing tiiai(;e witness on the stand was a.'-yni]>;!thlz<T 
with the Coiif.'derates iind Bebels. an<l that l;o assisted 
this man t > g(!t away to the ."-outh. 1 will have some- 
thing cNe to prove afterwards. 

Tne President of the Court— The time for our usual 
recess has arrived; the Court will now take a recess 
unt.l two o'clocl'C. 

A rece s was accordingly taken. 

Upon the rea-is mhliiig of the Court, the question 
propounded by Mr. F.akih was again put, and Jiid','e 
Bingham said t'ltit he iib.lected to the question on the 
ground that it was rth immaterial matters that were 
not In evidence, an I shmld not be admitted in tlii-! 
manner. Of what concern was it what llcynolds re- 
ported. If thegeiitlcinan proposed to ask toe wit nc-^s 
■whether he himself was eiiiHy of any treasoii:'.hle 
practice-, nobody would object to It. The objection 
was then susttiined. 

Mr. Eakin — In as much a.s the Judge Advocate has 
Infcrmed ns that lie wi;l not object to any que-tions 
that may h" asked the witness with re^spcc: to his own 
conduct, 1 will address a few interrogatories to that 
effect. 

CJ. Did you give notice to St. Marienn that lie 
would priibably be arrested by the Government ? A. 
No sir; I had no time to give such no'lce; St. 
Marleim roseoiie morning early iiiid lelt; liCiilterwards 
enisled in a lidaware re','iment. and was taken pri- 
soner and lo(l;;ecl in ( astle Thundi r. 

Q. Are you a Clerk In the War Department? A. I 
haveb-en. 

Q. I)id you, while a Clerk In the War Department, 
asrte to communicate to anyof the prisoners at ihe 
bar any Information you might obtain Irom tluit De- 
partment? A. .No sir. 

Q. A re you aivpiainled with Mr. Howell?"^ A. I have 
met him al M rs. Siirralt's house. 

Q. What was Howell's first name? A. \^hen he was 
at the house hi' gavi- the name of Spencer; he relii-iiii 
to plve me his right name at Ihe house; I ufierward ; 
learned from John Surratt that his name was Augustus 
llowf-II. 
y. Were you intimate with him? A. I was intro- 



duced to him; I never had any convers- tion with him; 
on the contrary, I said to Captain G'eason. of the War 
Department, "Captain, there is a bloclcade-runner at 
our house, shall I give him un?" I agitated the ques- 
tion lor three days, but I thought it nil.rht he the only 
time th.'it the man might be there, and I let him go. 

(J. Did you ever liave any conversation witli Howell 
Iti rehition to goiim South your-^ell ? A. I told him that 
I would like lOKO Soutli: tliat i had been a student of 
divinity, and would like to be in Itichmoud for the pur- 
pose ot continuing my studies. 

Q. Did he oiler to make any arransements in Rich- 
mond svith a view to getting you a place there? A. No 
sir. 

By Mr. Clampitt.— Q. Was it your desire to go to 
Kiclimond lor the purpose of continuing your theolo- 
gical studies? A. Yes sir. 

Q. For what reason? (Objected to.) 

By Mr. Kakin.— Q. While you were in the War De- 
partment did this man, Howell, leach you a cipher? 
A. Yessir; heshowed me an aliihubet. 

Q. What was the purpose of his teaching you tho 
cipher? A. He stated no particular pnrpose. 

ti. Wasit not tor rhepurpost'of corresponding with 
you frorti Richmond? A. No sir: he made no arrange- 
ment for corresponding: the cipher alpiiahet was in my 
box, ;ind no doubt was louiid there; I once wrote a 
poem ot Dongiellow's in t his cijiher. and iliat is the 
only nsel made of it: I showed the poem wr.tten in 
ihat cipher to Mr. Cruikshank, of the War Depart- 
ment. 

Q. Is that all the use you ever made of thecipherT 
A. Yessir: r never had a word of corresjiondence with 
llowell, and never saw him the second t.me until I 
saw him in prison. 

Q. Was any objections ever made by any of these 
prisoneriat the bar to your b -ing present at their con- 
ver-ations? A. Kqtany tliat 1 heard, but they always 
withdrew theniselvos; when Surratt was in tlie parlor 
he would converse with me for about live minutes on 
fieneial topics, and he would then give Booth a nudge, 
or r.ooth would give him a nudge, and they would go 
and sit upstairs for two or three hours: I never hud a 
Word of private conversation with them which I would 
not like the world to hear. 

(^ Did Howell give you the key to that cipher? A. 
He showed me the cipher or alphabet and how to use 
it. 

0. He taught you it. did he not? A. I made no tiseof 
it whatever, e.xcept on that particular occasion, when 
1 siiowed it to Mr. Cruikshank. 

CJ. That w;is not an answerto my question; he taught 
you the cipher, tlid he not? A. Well, yes. sir. 

Q. Now, according to the best of your recollection, 
how soon was that after his return from Richmond? 
A. He had returned from New York, and he did not 
tell mo when he had returned from Richmond, because 
it was the first and only time I oversaw the man in 
my life; he was well acquainted with Mrs. Surratt, and 
his nickname around the house wa.s .Spencer; he had 
been at the house a day or day and a half belore I met 
aim. 

U. Did he tell you that that was the cipher used in 
I'.iehmond? A. 'No sir. 

CJ. Vou stated that the prisoners were free and un- 
reserved in their conversation while in your jiresence? 
A. Tiiey spoke in my presence on general topics, and 
soon; tiiev neverspuketo meof their private business. 

Q. i)o we undersiand you as staling to tiie Court liiat 
in all your conversat ons witii them you never learned 
oiany intended trea.'^onableact erconsplracy of theirs? 
A. 1 iiever did ; I would have been the hist man in the 
world to have suspected John .surratt. my schoolmate 
and companion, of the murder of the Pre.'-ident of the 
United Slates. 

(1. You state that your suspicions were aroused at 
otc' time bv something you saw at Mrs. Surratl's ? A. 
My suspicious were aroused by John Surratt. and by 
th'ii man Payne and Booth coming to the liouse; my 
su-^picions were again aroused by their Ireiiiicnt private 
conversations by seeing Payne and .surratt with 
bowie-knives, and by linding a moustache In my room. 

(J. Yoursuspicions were not aroused, then, by the 
lact of Surratl having on three I tiir of drawers? A. I 
IhoiiLilit he w'as going to take a long ride in thecoun- 
irv. and perhaps he was t'oingS:,uth. 

Q. Then, as your suspicions were aroused on all these 
dii.erent occasions, anil you ftad reason lo believe that 
there wassonntlilng in the wind that was improper, 
did vol! communicate your suspicions to the War De- 
I an'inent? A. My .su-picions were iiotof a li.xed or de- 
iimie chartieier; I did not know wiK.t they intendeii to 
do: I madeacnnlidante ofCaptain (Jleasou. oi tlie War 
Drp rtment. and told him that Booth was a secret 
§vm' athizer; I mentioned snatches of conversation I 
had iieard, andsaid to liim, "Captain, what do you 
think of this aU? ' we even talked over what they 
ini-'ht possihlv beat: whet lier they could he bearers of 
despatches orblockade-runucrs; al onetime I saw in 
Ihep. iiers the eai)tureof President Lincoln freely dis- 
cussed, and l^aid to him. 'Captain, do you think any 
party would attempt to capture the President?" He 
laughed and hooted attlieidea. 

(J. ■S'ou did. then. I e.tr of a proposition of that kind? 
A. I did not hear, but it was freely discussed in the 
liapers ; if you will rel'cr to the Tribuneol' March 19th, 



TRIAL OF THE ASSASSINS AT WASHINGTON". 



65 



yon will see it mentioned; it wa3 merely a casual re- 
m.irk that I m; de: tbee sn«;plc!on'; arose in my mind 
after tiMS liorspbsckritle; I lemarkod to Captain Glea- 
son that Surratt bad connohf^'^k.and told him that vvbat 
they hud iv-on :;fter had failed. 

Q. How eamo you to connect the matter of tho cap- 
ture of the Pro-ident, or which you read ill the news- 
paprr, wi. h anv of ti ese ).: r ies? 

T;.oque-ti<ii wa^objcc cd to l)y Jiid;-ce Tilncrham as 
being wholly immaterial or irre.tvaut. Tho objection 
was KU'5t;uncd. 

Q. Were \ou on intimate pergonal re'at'ons with the 
prisoners at tho bar? A. Not in,ima:e re ations; I met 
ther.i nicrclv because iheyboan'.ed at Mrs. Surratfs 
house; I me't Atzeroth and went to l le Cie vire with 
him; 1 1 oked u nm him. as did every one in the bouse, 
a- a good hearted countryman. 

Q. But you w 're a schoolmate with John Snrratt? 
A. John luid been mv companion lorset'ea yenr.?. 

Q. Did you s;ill i)vdfpss to bo a friend of hi-; when you 
gave the in ormat on that you did to the War Depart- 
ment? A. I wa--; his frieiid.'bnt when my suspicions as 
!• the dan-er of the Government were aroused. I pre- 
ferred the Government to .loVm 8urratt: X did not 
know what bo was contenjplatins:: Ir^saidhe was go- 
ing to engage iu cotton speculations and in the oil 
business. 

Q. You did not know what he was contemplating; 
why then did you forieit your friendship to him? A. I 
never lor.'eited my friendship; be forfeited bis friend- 
ship to me. 

Q. How so: by engaging in cotton speculations? A. 
No sir: by jilacing me in tho iiosition in which I am 
now; I mink of the two I was more a iriend to him 
than he was to me. 

By Mr. Ewing.— Q. Yon spoke of readijig a publica- 
tion in the TiViune, of March llUh. referring to a plot 
to capture tho President? A. Ye? sir. 

Q. Can you not, bv connecting that circumstance 
with the ride which these parties liad in the country, 
fi.x moredehnite'y the tme of tliat ride— whether be- 
fore or after the date of tlu-.t luiblication? A. Itliinkit 
was after it: I would also state thatTsaw in the Wash- 
ington 72(73u6?i'ccm a statement concerning a contem- 
plated assassination of President Ijincoln, and Surratt 
once made a remark to me that if he succeeded in his 
cotton speculation bis country would lose him forever, 
and his name would go down to posterity forever 
green. 

Q. Yon think, then, that this occasion, when they 
appeared lo have come in from a ride iu the country, 
was after JIarch H)th? A. Yc<s:r. 

Q. Was your remark to Captain Gleason, reF:pecting 
the probable capture of the President, m;ide a.tertlie 
ride? A. Yes sir; I said loCapt. Gleason that Sumtfs 
mysterious. Incomprehensible business had failed, 
and I added, '"Lotus think over what it could have 
been:" we ment:oned a variety of things, even the 
breaking open of the Old Capitol Prison: I would men- 
tion that after that ride, my suspicions were not so 
much aroused as before it, because neither Pavne nor 
Atzeroth had been at the houses since; the only one 
of them who visited was the man Booth. 

Q. Have you ever seen the prisoner. Arnold? A. No 
sir. 

Q. Did you first meet the prisoner. Dr. Samuel 
Mndd, on Seventh street, opposite the Odd Fellows' 
Hall? A. I did. , 

The witness further testified (hat Mrs. Surratt lived 
in the house on H street, next to the corner of Kixth. 
and that the point on Seventh street at which he met 
Dr. Mndd. was not on adirect route fiom theP 'im^yl- 
vania House or the National Hotel to Mrs. Surratts. 

Rc-Exainination ol John Creenawalt. 

By the Judge Advocate.— Q. In describing the poorly 
dressed man who called at vour house with Atzeroth 
on the morning of the l-ith of April, you said that his 
hair was black, but omitted to state the color of his 
beard and moustache; state it now? A. Their color 
was dark. 

Testimony of James Wallter (Colored.) 

By the Judge Advocate.— Q. State whether or not 
on the tub of April last you were living at the Penn- 
sylvania House iu this city and .vour business there. 
A. I was living there; I was twelve months there on 
the 4th of April last; my business was to make tires, 
carry water. &3. 

Q. State whether or not you ever saw the prisoner 
Atzeroth at that house, and under what circumstan- 
ces? A. He came there about 2 o'clock on the morn- 
ing of tlie l-'.th of April, and left between .5and 6 o'clock 
in the morning. 

Q. Did he come there on foot, or on horseback ? A. 
Thefirst time he came on horseback, and I held the 
horse for him at the door. 

Q. What liour was that ? A. It was between 12 and 
1 o'clock. I believe. 

Q. What did he do while vou were holding his horse? 
A. He went into the bar; I do n<jt know what he done 
there: he came out again, and asked me to get him a 
piece of switch, which I did. when he rode off. 

Q. D'fl yon notice wlietlier he had arms with him? 
A. I did uot notice what he had; ] did not see anything. 



Q. When he came back at two o'clock was he on 
foot oron horseiiaol-.? A. Ou foot; I was laying down 
and ro :o and let him in. 

Q. Did behave a room? A. He des'red to eo to No. 
52. I t'ld him it was taken up; he slopped at No. .">.■!. 

O. .Xt wliat hour did he leave on that morning? A. 
Between fi\eandsix o'clock. 

Q. Where did you see him at that hour? A. T went 
foi a hack for a lad\^ who was going in the C'l.*; train, 
and when I was returning I overtook him as he was 
walkine elong slowly: lie made no remailc to me. 

Q. Did yon see another man who stopiied i here that 
night? A. He hMt in tlie morning about four or five 
minutes before Atzeroth, having stopped in the same 
room: he had no bacgage. 

l>. Do yuu remember his nnpenrance? A. When he 
came in it w;is dark, the gas beintr pretty low: he 
seemed to ha^■e on dark clotlies, and wore a slouched 
hat; he went to his room immediately, having paid i'or 
it ia advance. 

Q. Will you look at the prisoners at the bar and see 
if any of tiiem resemble this man? V. I cannot sav 
sir. ; 

The cross-examination of this witness elicited no 
new points of interest. He testified that tlie horse 
used by Atzeroth on the night in question, was ap- 
parently a small light bay liorse; he had Re«n Atzeroth 
have a belt containing a j-istol and kiii'e some four or 
live days before tlie assassination, but could not iden- 
ti;ythe weapons. Hedid not see any weapons on 
Al;'.eroth on the night of the Hth or the moriiinsjof the 
I'itli. Atzeroth had no conversation with the man by 
whom he was accompanied at the time. 

Testimony of 'Williain Clendenin. 

By Judge Holt.— Q. Look at that knife (tiie knife 
supposed to have been thrown away by Atzeroth on 
the night of the assassination^ and s.ay if you ever had 
it in your hand be'ore? A. Yes. On"passing down P 
street on the morning after tlie .nssassinalion (m the 
south side of the street, between Eighth and Ninth, I 
saw a colored man pick up something ironi (he gutter 
about ten feet from me; as Icamenp I asked him what 
it was and he gave; the knife to me; a lady siioke to 
me from the third story window, and'she s;iw the 
knife in thegutter and si?nt thecolored man down to 
get it; I took it and gave it to the Chief of Police; this 
waMon the Saturday morning of the assassination. 

C'ross-examined bv Mr. Doster— Q. What time in the 
morning? About (! o'clock. 

Q. Whereabouts precisely on F street was it ? A. In 
front of Creaser's house; it lay as if it had been thrown 
under the carriage step. 

Testimony of J. S. McPhail. 

By Judge Holt.— Q. State whether or not you had a 
conversation with Atzeroth in prison in which he said 
that on the night of the assassination ot the Pres dent, 
he had thrown his knife away in the stree.s of Wash- 
ington. 

Question obiected to oy Mr. Poster, on the ground 
that the confession of thewitness w.as under duress. 

Q. Under what circn instances was the statement 
made to you? A. I received information that he de- 
sired tD see me. and I went to see him accordinglx; I 
lonnd him in a cell in prison in irons. " 

Mr. I)oster argued that the condition of the prisoner 
was such as to intimidate him. and to make his con- 
Ikssion under such circumstances was improper to be 
given as evidence, and cited many authorities to sus- 
tain his obiections. 

The witness stated that hewas Provost Marshal-Gen- 
eral of the State of Jlaryiand, which lact Atzeroth 
knew. Witness further stated that a brother-in-law of 
Atzeroth was on his force and a brother was tem 
porarily ou his force also. 

Both" of them repeatedly desired the witness to see 
Atzeroth, and he weiittherewith the ])ermissioii ofthe 
Secretary of War simply at their instaive. The pri- 
soner was in irons, hut had no cover over his face or 
head. Tlie objection of the Counsel was sustained by 
the Con rt. 

Witness then answered the questiod asked him in the 
affirmative. 

Cross examined by Mr. Doster— Q. That was all he 
said? A. I did not say that. I answered the question, 
Yes. 

Q. Did he describe the knife, or name the place 
where he threw itaway? A. Hesaid he threw it away 
just above the Hearndon House, which is on the cor- 
ner of Ninth and F streets. 

ti. Did he also say where his pistol was? A. lie 
stated that it was at Matthews & Co.'s, Georgetown, in 
possession of a young man named Caldwell. 

Q Did he state how he got it there? A. Hesaid he 
went there and borrowed $10 on the pistol, on Saturday 
morning, April (."jtb. 

Q. Did the prisoner mention toyonacertain coat con- 
taining a pistol and bowie knife, and exchanging it in 
the Ivirkwood House, and if so did he state who it be- 
longed to? A. He stated that the coat at the hotel be- 
longed to Harold. 

Mr. C. Stone, counsel for Harold, iuaveryloud voice 
exclaimed, "X object to that testimony." (Laughter.) 



66 



TRIAL OF THE ASSASSINS AT WASHINGTON. 



Testimony of Lieutenant W. R. Keen. 

By Judie Holt.— Q. Did you pass the nifrlu of the 14th 
of April at the Penusvlvaoia House, in this city? A. 
1 did. 

Q. Bid you see Atzeroth at the house that night? A. 
I did. 

Q. Under what circumstances did you S'e him ? A. 
I came into tlie hotel about 4 o'clocic on Salurdav 
morninir: ho was in bed when I arrived in my room": 
I asisi >1 iiini whetiier lie had heard of the murrler oC 
the I'ro-^iilent. lie said yes. and remarked what an 
awful iliinuc it was; a.ier tliiU 1 went tj bed, and when 
I awoke, about 7 o'clock, he was gine. 

Q. I)i J you see his arms? A. Notthere; when he oc- 
cupied room No. 51, 1 saw him have a knife and a re- 
volver. 

Q. How loncrbefore the assassination? A. I think it 
Was the .■-iinday before, or tlie Suiiaay a week; I wuuld 
not be p isitive: Ihebowie knife had asheath. (A knile 
was.sl;iiwn to witness, i 1 could not .swear that was the 
knile: but it was a kni'e about that size. 

y. folate under what circumstanees vou .saw the 
arms? A. lie went out alid left the knife onihebed: 
1 took it an<l put it under my pillow; when he came 
in he ask d. •• l.uke. did you see my kniic;" he .said 
he wanted that, and remarked, "if one fails I will 
have tie nUier:'' I handed it to him and he went out. 
(J. J >id h' have .a pistol? A. Yes, he alwayscarried 
that :iiiiiui(l his waist. 

('ro>-s-e.\amined by Mr. Doster.— Q. Did vou know 
the prisoner, Atzeroth. befi.re vuu met him at the 
Pennsvlvania House? A. Yes sir. 

Q. Idd you si>eak about the a.ssa.ssination of the 
President immediately on goini; into the room that 
miming? A. No: he was in bed when I came rii-'l-.t 
opiiosite. and it was five or ten minutes before I spoke 
to him. 

Q. Did he say anything more than that it was an 
awlul I hinu'? A. X believe that is all. 

Q. Wa.s he undressed? A. He was in bed: I do not 
know wJiether be was undressed or not. 

Q. Yuu mention the prismier calling you Luke, were 
you on intimate terms with him? A. Yes; that was 
the only name I ever heard him call me. 
Q. ]Jid you see him after this ailair? A. No sir. 
Q. When Me said that if this failed the other would 
not. what else did hesay? A. I do not know: this was 
a week or ten days be:bre the assa.ssination. 

Q. At thi'time you heard the words had vou been 
driiikinij with the prisoner? A. Yes. we had two or 
thioe drinks while we were lyin? in bed. 

Q. Were these remarks made after these drink.s? 
A. Y(S. 

Q. What kinds of drinks were these? A. ■Whisk3' 
cocktails, I believe. 

Q. Do you remember anything else that was said in 
that interview? A. No; that was about all. 

Testimony of Wa>«bing:ton Sriseoe. 
By .rud!?e Holt.— Q. On the night of the I tth April did 
yon see the prisoner. Atzeroth, and if so. .ar what timi>" 
A. I did see him; he(;ot uito thee ir at Si.Ktli street, and 
rode towards the Navv Yard; it was between halt-past 
eleven and twelve o'clock. 

Q. What did he say? A. Ho did not recosnize me at 
all: after awhile I asked him if he had heard of tlie 
news; he said he had; he then asked me to let him sleep 
in the s'ore with me. 

Q. Where was your store? A. Down at the Navy 
Yard: I told him I could not let him sleep there. 

Q. What was his manner? A. He seemed to be ex- 
cited 

Q. Did he urge yon. or seem to he very anxious to 
sleep Willi you? A. Yes: he asked me three times. 

Q. What became of him? A. He rode down us far as 
I did: irot out when T did. and asked nie auain: the pren- 
tlenian with me did not invite him to stop, and of 
course r iKWl no rifrht to do so. 

Q. How long had you known him? A. Some seven 
or eiirlit years. 

(i. Didhetlien express his determination to po anv- 
wlieree s,? a. He said he was poinir hack to what 
was formerly the "Kimmol" House, now the "Penn- 
sylvania'' llou.se. in ('street. 

Cross-examined by Mr. Dosier.— Q. Did you notice 
the pre;^i-e time when yon met .\tzer.ith that eveninp'' 
A. -No. hut I think it was about half-past eleven or 
twelve o'clock. 

Q. What lime 'was it when he left vou that evenlnt; 
as iie.-ir as you can tell? A. Near twelve o'clock: he 
stopped at the corner of .1 and (iarrison streets, near 
the N'avy Yard to wait until a car came back. 

Q. Wliat w:is his manner: did he appear to be riis- 
tnrhed? A. I judged from his manner that he was a 
littlf excited. 

(J. Had he been drinking? A. I hardly know; I did 
not notice particularly. 

Testimony of Rev. Dr. M'. If, Ryder. 

Examined by Judge Holt— Q. State your residence 
ami prolession. A. 1 r&side In Chicago, and am a 
clergyman. 

Q. State whether yon reeenflv made a visit into 
Riehmond, and at what time? A. I left Chicago on 
theiith "I April, and arrived in Richmond on the 14th, 
TChcre I remained till the mst. 



Q. While there did yon find in the Capitol the ar- 
chives of the so-called Conl'ederate .statts. and il so. in 
what condition? A. I did; thevwere prettv generally 
confused, and scattered about on the floor. " 

Q. Did you. in common with others, pick up papers 
frmn the lloor? A. Yes. 

Q. State whether the paper you now hold in vonr 
hand w;ls picked up in the Capitol at Richmond under 
the circumstances von mention? A. Yes; I picked it 
u!) either in the building or immediatelv about the 
hnildincr. or it was handed to me bv some one who 
picked it up in the rubbish about the room: there were 
one or two persons with me: they were stooping down, 
and when they ibund anything r,f importance they 
would pick it up and preserve it; in some instaii'-ps the 
orderly wiio was in attendance would hand me some- 
thing, and I would put it in niviiockct: having thus 
collected qnre a luimher of things, thev wire tlirown 
into a common recepiaele and put into a box and for- 
warded f) Chicago: this was one of the pajiers found. 

Thepaperroferredto was read by the Judge Ad\>o- 
cate. as follows :— 

"RicHMON-n. February ll.l 8G5.— His Excellency Jel- 
ferson Davis, President CS. A:— When Senator JohiT- 
.■:on. ot Mi.ssouri. and my.self waited upon vou. some 
davs since, i:i relation to the prolect of anniving and 
larras-ing tlie enemy by means of burning tl.eir ship- 
ling, I iwns, etc., etc.. there were several remarks made 
by yoi upon thesubject Iliat I was not fu I Iv prepared 
to answer, hut which, upoiisubsequent conferei;cewith 
parties proposinsj the enterprise, I (ind cannot apply as 
oij.if ctions tothef cheme. First, the combustible ma- 
te-i il consists of several preparations, and not one 
alone, and can be n^ed without exposiig the party 
usin^them to the le.ast dancrrrof detecic n whatever. 
The preparations are it t in the hands ni ."Mr. Iian'el, 
but are in the hands of Pro essor McCnilo-_'h. and are 
know n bntto liim andoneet'ierp •rtv,aslu:iderstand. 

■'Second. Th'reis no n cessity for s'miinr persons in 
tliB nulit;'ryservice into the enemy's country, hut the 
work may be done by ag -nts, and in most cases by per- 
■sons ignorant of tiie facts, and. ther.'lore. innocent 
a^-ents. I have seen enonirh of the effects thit can be 
produced to satis y metluit in mo^t cases without anv 
d inwr to the parties easayed. and in others bat very 
slight, tha':— First. We can first burn cverv vessel that 
leaves a foreign port ibr the United States. Second. 
We can burn everv transport that leaves the h.irhor of 
New York, <"- other Northern ports, with s pplies for 
thearmies of tlie enemyin the South. 1 hirrt. Diirn 
every transport aid ^om-boat on the Mi<-issippi i;iver, 
as well as devasrate tl.ec'.untryof the enemy and fill 
his people with terror and consternation. 

"I am not a one of this opinion, but many other gen- 
tlemen are as fully and thoroughly imj rcssed with the 
conviction as lam. I belie ve'we' have tlie means at 
our Command, ii'p omptly appropriated and energeti- 
cally applied to demoralize the Northern in opie in a 
very short time. Fortlie purpose of sa;istvinj vonr 
mind upon the subject I respectfully but earnestiv re- 
quest that yon will have an interview with General 
Harris, formerly a member of Congres.s from Missouri, 
who, I think, is able, by conclusive prooH^. to convince 
yi u that what I have suggested is perlectly feasible 
and praetiealile. 

"The deep interest I feel lor the success of our cause 
in thisstrug-'le, and the conviction of the importance 
of availimrourselvts oievery element of del nso. must 
bemy exeu e tior writing you and requesting you to 1 
invite General Harris to see you. If you should see I 
proper to do so, please signify to me the time when it ' 
will be convenient for you to see him. > 

"I am, respectfully, your obedient ser\-ant, 

"W. S. O'l.AHM." 

On the back of the letter are two indorsements, the 
first being "Hon. W. s.O'Lnhm, Richmond. February 
li.lHfiij In relation to plans and means ofburningthe 
enemy's shippiii!;. ite. Preparations are in the hands 
o! Profes.sor MeOiillosrh, anil are known to only one 
r.artv. Heasks the I'resident to have an interview 
witli General Harris, idnnerly M. (J. from Missouri, 
on thesub.ieet." Tle^ other is "TheSecr.lary ol'State, 
lit his convenience, will please see Ccni-ral Harris, and 
learn what plan he has for overcomini; tie difFieulty 
heretofore experienced. J. D. 2(ith February, 1865. Re- 
ceived February IT, LsLj." 

Testimony of John Potts. 

Examined by Judge Ilolt.— Q. State your occupation. 
.\. 1 am chief Cleric of the War DepartmcJit, and have 
been so for twemy years. 

(i ..\re yon perre(^.v familiar with the hand-writing 
of .lefl'erson Davis? A. I am. 

Q. Look on the Indorsements signed J. D., and see if 
it is in his hand-writing. A. In my belief it is. 

Tcistimony of Natlian Rice. 

Examined liy Judge Holt.— Q. State if yon .are ac- 
quainted with the handwriting of Jefferson Davis. 
A. 1 am; while he was Secretary of War I had to sign 
reqifisitions, and of cour.se his hand^'riting came be- 
fore me every dav. 

Q. Look at the letter iust read, and see if the indorse- 
ment is in the handwriting of Jefferson Davis. A.I 
should think it was. 

Q. You had ample opportunity of becoming ac- 



TRIAL OF THE ASSASSINS AT WASHIXGTOX, 



fi7 



quaintpd with his handwriting? A. Ye-*; I would 
eenerallv huve from ton to twenty-fivo sisnatures 1 e- 
fore mo "every day, soaietimes signed in niy presence. 

Testimony of General Joshua T. Owen. 

Examined bvjudffo Holt.— Q. Po you know Profes- 
sor Mel ulloGTli? A." I havoknowii a crentlenuui who 
has been ilcsirnateil as ProlessorlMcCulluirli. I suppose, 
for twint wears: he Wi'S Profess. jr o:' Chemi-My at 
Princelnn" ("olletre> and Profes^jor of Jfatheniatics at 
Jeflevsnn CoUeKe. in Pennsvlvaiiia, wl\ere I prraiinatefl, 
about is:;;) or I8IO: if nv reeollecticn serves me right, 
he was ;.-n Assayer at the iNIint in Pliilailelpiiia. 

Q. Do von know where hohas been duringllie Rebel- 
lion? a'. Heiias been in Richmond in tlie serxieeof 
the Confederates: T niavsaviiis iatlior w;i3 imeof the 
Comptrollers in Wasliincton; liis nanii> was llucrh: the 
same name as the present Heeretary olt he Treasury. 

Q. Did he have some distinction as a cMpmist? A. 
Yes. he was perhaps more distinguishea as a chemist 
than any otlier way. 

Q. Was it in that capacity tliat he was employed in 
the Confederate service, as you understand? A. I do 
not know. 

General Hunter here remarked, during his expedi- 
tion up the valley ho received a letter written by INtc- 
Cullogh, in which i;e stated that lie had been only a 
Captain (luring the whole war, and that he was 
anxious for promotion. 

The .Indue Advocate-General remarked the letter it- 
sell woiild'bo desirable to go on record as a part of the 
histnrv of the transaction. 

General rinnter said he had given the letter to a 
brother-iu-law, at Princeton, and that he would send 
for It. 

Testimony of Jndg^e Abran* B. OMn. 

Examined by Judge ITolt.—Q. State whether ornot 
on the morning of the 15th of April yon visitei Ford's 
Theatre and inspected what is known as tliePresi- 
Bidenfsbox? A. I was engaged on the l.")th in taking 
the deposition=i of several witnesses; on Sunday, the 
16th, I visited the theatre. 

Q. State the examination which you made and the 
condition in which you ibnnd the President's box. doors, 
et'".? A. The first incident to which ni.v attention was 
called was the incision in the wall prepared to receive 
a brace, the other end ot which was to rest on tlio 
hand of tlie door; the brace itself was not there: I 
refer to the door across the passage leading to the box; 
itcrosses it at anjanglewith the wall, andabracefitting 
against the wall and pressing against the door would 
fasten tin-door ver.v securely; I looked forth;; remains 
ofth'^ plastering that had been cut from tliewa'lin 
making the incision, but as far as I could discern, t'.iey 
had all been removed; it was said to me that the pistol 
was discharged through the panel of the door: tlieen- 
trance to this passage is somewli:it dirk; 1 pincured a 
light and examined very carefnll.vthe holetlirongh 
tliedoor: I discovered at oncetliat that hole bad b.?"n 
made by some small instrnments first, and cut oiil by 
some sharp instrument like a ]ienknifc; I thouglit 
I remarked the evidence of a sharp knife used in 
clear ng out every obstacle to looking throo'-jh t'le 
door: I then discovered that the cla-^p which fastened 
the first door for the box was made with n movable 
partition, to be used as one or two boxes, and therefore 
■with twodoors; I sawthat the upper screw holding the 
clasp had been loosened in such a way that when 
the door was locked, by putting m.v forefinger 
against it, I could open the door: I desired to ascer- 
tain the exact position of the President's chair and 
for th.at purpose procured Miss Harris to aecompany 
me, liaving understood she was in the box on that oc- 
casion: she located the chair as nearly as she recol- 
lected it where it was placed on the evenin-r, and in 
seating myself in the chair, and closing that door, a 
person could place his eye near the bole, and tli" range 
would he about midway" from the base of the ci own. 
I directed my inquiries to ascertain thepiccise time 
of the occurrence, as there was some uncertainty as to 
■whether the attack on Mr. Seward and the assassina- 
tion of the Pr( sident was by one or more per ons. 

Q. Did you see the bar that had been placed agaijist 
the door, or liad it been removed? A. It had been re- 
moved by some one: you could .see tlie indentation in 
the panel of the doorwhere the brace had been p. it in 
very well; it was quite perceptible where the brar-e 
had been; a brace fixed in the wall and placed against 
the panel of the doorwould li.avo been very diilicultto 
remove from theoutside: I don't think itcnuid have 
been removed without breaking the door. ana. in fact, 
the more pressure that was made on the door the more 
secure it would be. 

Q. Did the hole bear evidence of havingbeen recently 
made? A. Yes; it was a freshly cut hole, as fresh ap- 
parently as if it had been made that instant. 

Q. Can you describe thechair in which the President 
eat? A. It was alarge, h'gh-back chair, an armchair, 
standingon castors; I thought I could discern where 
his head rested, and althiiugh the covering itself was 
red, the marks of several dropsofbiood could be seen. 

Cross-examined by Mr. Doster.— Q. 'U'ill you state 
whether the civil courts of this District are'supposed 
to sit by consent of and to carry out the wiUot Liieut.- 



General Grant? A. I really do not know of anyone 
who supposes that; at least he has given lue no infor- 
matii n on tho sub.iect. , 

A pause of a minute or two here occurred, during 
which tho members of the Court conversed with each 
otlicr in a low tone. 

Mr. Doster said. "As there seems to be considerable 
obiection to the ciuestion, I desire to state why it waa 
asked:' — 

Tho I'resident of the Court said no obiection was 
male to tho qui^stion, and it has been answered. auU 
no explanation is therefore necessary. 

i:o-ExaniinatDon of Miijor Rathbone. 

By Judge Holt —Q. Did you go to tlie outside door 
alter the shot had heen (irr<l in the Presidt-ufs bo.x 
anil examine how it w:is closed? A. I did, for the 
purpose of calling medical aid. 

Q. In wh;a condition did yon And it ? A. I found the 
door l-arred.so that people who were kuockintjon the 
outside could not get in. 

U. Did you make an attempt to remove the bar? A, 
I did remove it with <li1icnltv. 

Q. Was that alter you had received a stab ftom the 
as as^in? A. It was. 

Q. Is that (bar exhibited to witness) blood on the bar 
from your arm? A. I am not able to say, but my 
wouii'l was bleeding freely at the time. 

Q., In what condition did you find the bar? A. It ap- 
peared to be resting against the moulding of the door, 
and I think it could not have been loosened out by any 
one pushing from the oulsidi'. 

Q. Did you notice thechiiir in which the President 
sat in particular ? A. I did not. except that it was a 
large easy chair, covered wil h dmiask cloth. 

Q. Do you not know whether it had rockers ornot? 
A. My impression is that it nad. 

Q. Is that the bar tliedoor was closed with? A. 1 
am not able to .say whether it is or not; my impression 
is that it was a di'll'erent iJiece of wood. 

Test imon.y of Isaac JTaqne't. 

By Judge Holt.— Q. Did you find that bar in Ford's 
Theatre, and if so, under what circninsl;inces and 
when? A. After we had carried the President out I 
woTiu to the box with several others; this bar was lying 
on the floor inside the first door going»to the box; f 
took it up and stooil about there lor some time, and 
took it home with me. 

Q. 'fhere lias been apiece sawed off, do yon know 
anythingin referoiice to that? A. Yes; there wasan 
oflicer stopnin.g at tlie hen -o where I was boarding 
who wanted api'ce of ll ebai' to take away with him, 
and it was sawed oft', ijnt lie li'd not tinally tako it away 

Q. Aretbere spots of blood upon it? A. Yes, they 
were frosh at that time. 

Re-£.'Kaininatioi!i of Joe Fienignons 
(Colored.) 

By Judge Holt.— Q. Did yon see persons eniraged in 
decorating thePresident'sbox on the a tenioon ol the 
day of the murder? A. Yes; Mr. Harry ]\ird and an- 
other gentleman, I doivt know Irs name exactly, 
were up there fixing it; Mr. Ford told me to ro lover 
to bis room and get a rocking-chair, bring it down and 
put it in the President's bos; I done so; I carried the 
chair into the Prosid'ot's box, set it down and went 
away; that is at I I know. 

Q.Hadit been tlierehefnre? A. iNotthis season. 

Q. Wasthe backof thischairxonbroughtdown, high 
or low? A. A high-l);;cl:ed. cushioned chair. 

Q. Did you see the i)ri.son(r lidward 8paiigler on the 
occasion? A. There was no one in tlnie but Harry 
Ford and fliis other gentleiiian, who had been lixiiig it 
and startr d to come down. 

Q. Was Spangler ( n the stage that evening? A. Yes; 
he was obliged to be there a'.l the time; neworlced 
there altogether, the same as I did; hehad nothing to 
call I ini away, except when he went to his boarding 
house: he wa"s not there on the stage when the chair 
was carried into the box. 

Cross-examination by Mr. Ewing.— Q. You did not 
see Mr. Sjiangler on thestage, did you? A. No: I did 
not notice him p.articularly; I had been tiiereso long 
I hardly ever n aiecd goiitl ■men so partictilarlv 

Q. And 3'ou do not know hut what he might have 
had something to call him away just at that time? A. 
No sir, I do not. 

Q. Who was this other gentleman in the box with 
Harry Ford? A. I may be mistaken, but I think his 
name is Buckingham. ^ 

Q. Was he employed about the theatre? A. He stayed 
there at night for to take tickets; he wis a door- 
keeper in front 01 the house; I think he was helping 
Harry Ford to fix the private box. 

Q. Atwhathour in the evening? A. A little after 3 
o'clock; I should think it might have been later or 
sooner: I hal been out in the cay talcing bills around; 
I was about going on the fly ; I took my meals where- 
ever I could, and when he called me, I put down my 
meal and got the chair. 

Q. Did vou see Spangler as you went to the box a» 
all ? A. No ; not when I went to the box nor wUen I 
came awav 

Q. Describe the chair? A. There is no chair here 
like it; it was one of those high-baclcod chairs, with a 
high red cushion on it, covered witli aatiu; the last 



Cf^ 



TRIAL OF THE ASSASSINS AT WASHIXGTOX. 



season, wlien they got it, it was in the private box. 
but Mr. For<l told ine take it out ol ttie bo-x aud carry, 
it ui» to lis room. 

Q, Was tl)<» furniture there manufactured for the 
box. nud \v;:s it of tliesaniechanicter us the chair? A. 
Ye-: a sella und some otliercliairs: it was not my bu- 
siness t.) he luolciti!; in this place, and I never noriced 
only when I wussent: llieso a was covered, I tliinlt. 
with tlieKatne material: I do not know wliether the 
ftiriiiiure Was bought as the property or" the stage or 
the private box. 

13v .luiUe Holt.— Q. Did you takealnrce chair out 
ot this box at the- lime you put this one in? A. No sir. 

Re-Exnniinntion of Jobii J. ToOey. 

Bv Jud',-e ITr It.— Q. Since yon were examined yester- 
day siau- wlnttier vou have been to astalile. and the 
lup'rse or which you were.s p-akinu? A Yes; 1 found 
him oil tlii'ccrnerof.'^eveiittenthand I ^treets. 

Ci. Did vou rccopnize Jiini a.s tlic horse you took np 
with the" saddle and bridle under the c rcumsiances 
yon mentioned in vour tesrlmony? A. Yi's, sir. 

]Jv the Court— Q. Is there anythlnt; peculiar about 
thai lii'r<eor wlilih .vou were soiaUing? A. Yes; 1 
found h nioii thecoriicrofSeveiiternth and f streeis. 

Q. D.d > >ii r co-^iii-e h'm as tli->liorse you took u|) 
with t'le^addleandbrldleunderthcciroumstances you 
mentioned In your testimony? A. Yessir. 

By the Court.- Q. Is there anvtiiing peculiar about 
that horse which enables you to recognize him ? A. 
Yes; his being blind in the right eye. 

Testimony of lil'illinm Eaton, 

Examined bv Judge IIolt.-Q. State wliether or not. 
alter the assassination of the President, you went to 
the room of J. Wilkes Bioth.at the National Hotel, 
and opened liis trunk? A. I dd go there that same 
evenniiindrl he authority of the Provost Mai-slial. 

Q. Wh:itd d you doonarrlvln-jthere? A. Ilound.f. 
Wilkes I'.oi'tlis room; I was shown to it bytliebook- 
keepcr;! tookchargeof what things werein his trunk; 
Iheparers were taken to the Provo.stMar-ihals ollico, 
and I landed over to Lieut. Terry; I placed them in his 
bauds. 

Tost jmony of I.lentenant Terry. 

Bv Jud-e rfolt.Tj-Q. State whether yon are attached 
to till" oiliceof the Provost Marshal of this city. A. 
Yes, to Culonel Ingraham's office. 

Q. Klate whether or not, after the assassination, the 
•witness Katon placed in vour hands certain papers 
whicli he represei ted to have been taken from the 
trunk or.J. Wilkes Booth. A. He eid. 

Q. state whetlier the letter you hold in your hands 
was one oil lie'^e papers? A. Yea sir; the envelope was 
adtlressed lo -.J. Wilkes Booth, Esq., National Hotel. 
Washin^jtnn. J), c," and postmarked seemingly '•Bal- 
timore. Maryland. March 30th." 'I'lieleiier was read 
bv Colonel Burnett to the Court, as fnUriws:— 

HooKsiowx. Baltimore Co. .March 21. ISfio. 

Dkau John: — Wa-i business so important that you 
could n..t remain in Baluini.ro till I saw you? I came 
in as soon as I could, and found .vou had gone to Wash- 
ington. I c died. also, to see Mike, but learned (rom 
his mother lie had gene out with jou and had not re- 
turned. I concluded, thcre'^ore, he had gone with you. 
How inC' nsiderate. vou have been. When I left you, 
you Stat 'il we wiuld not meet for a month or sn; there- 
fore I made application for enipl>?yinenl. an answer 
to which 1 shall receive during the week. I told 
my larents I had ceased with you. Can 1 
then, under existing circumstances, come as you 
request? Vou know full well the Government sus 
piciona something is going on there: therefore tiic mi- 
dertakin'j i.s becoming more complicated. -Why not. 
for the present, desist, lor various reasons, which if 
you look Into you can readily see, without my mak- 
ing un.v mention thereof. Vi.u nor any one can cen- 
Bure me lo^ my present course. You have been ils 
cause, for how can I now cjuie after telling them I 
had Ie;t yon? Suspicion resis upon me now from my 
whole family, and even parties in the countr.v. I 
will be compelled to leave home anyhow, and how 
«oon X caie not. No, not one w;us more in (or the 
enterprise ihan myself, and tod ly would he i here, had 
you not done as you have; by this! mean the man nor ot 
proceeding. I am, as you well know, in need: Iam.\ou 
may say, in rags; whereas, to-day I ought to be well 
clothed. I do not feel right, stalking about without 
means, and from appearances a bejgar. I feel my de- 
pendence, but even this wxs forgotten, for I was one 
with .vou. Times more propitious will arrive; you do 
not act rashly or in haste. I would prefer your 
first way. Co and see how it will be taken In 

R d, and ere long I shall be better prepared 

to again a sisl you. 1 dislike writing; would sooner 
verball.v make known my views; yet, you now wait- 
ing, causes me thus to proceed. Do not in anger peruse 
this. Weigh all I have said: and. as a rational m:in 
and a friend, you cannot censure nfir ujibrald m.v con- 
duct. I sincerely trust this, nor aught else that should 
orinay occur, will ever obliterate our former friend- 
ship. Write me to Baltimore, a-s I expc.'t to beiu about 
Wednesday or Thursday; or. if you c.-vn possibly come 
on. I will truly meet you in Baltimore, at B corner. 
■•I subscribe myself your Iricnd, ''SAM." 



Testimony of William MePIiatli. 

Q. -Vre yon aoriuainted with the handwriting of the 
prisoner, Samuel .\rnold? A. lam. 

Q Will j-ou look at this letter and say if it is in bis 
liai dwri ing? A. Yes sir. 

By Mr. Co.xe.— Q. How did you become acquainted 
with his handwriiliig? state? that first. A. lie once 
placed ill mv hand a written statement. 

Q. AVhat Instrument did he place in your hands? A. 
A confession. 

Q. When did he write it? A. On the 18th of April. 

Q. Where? A. In the back room of Marshal Mc- 
Piiail'solTice. 

Q. Where Is that? A. On west Fayette street, near 
Holllday. in Baltimore; the )>aper was handed tome, 
anil by me to the Marshal; of ils arrival in Washing- 
ton I difl not know an.vthing. only I was informed of 
its having lieen handed lo tiieSecretary of War. 

Q. And that was a paper purporting to be a state- 
ment oi ail liiat lie knew of tnis atfair? A. Yes sir. 

Testimony of .narstiai .WcPhail. 

Q. State whether .vou are acquainted with the hand- 
writiugof the lUiSoner, Samuel Arnold? A. Only by 
receivinga letter from him. whicli was handed me by 
his father, and dated the liltii, at Fortress Monroe. 
The letter belli:; then shown, ihe witness said, " Yes, 
this looks like it: this ii the letter.'' 

Q. Whosi- liandwr tiiig is that indorsement on the 
ba ik? A. I sliould think it was Mr. Arnold's. 

Q. Have yoa looked at the body of the letter? A. 
No sir. 

Q. You looked at the handwriting? A. No sir. 

Q. Do .vou think it is his? A. I do, sir. 

Testimony of Uttleton Neirman. 

Q. Are you acquainted with the handwriting of the 
prisoner Arnold? A.Nosir. 

Q. Do .vou know him? A. Yessir. 

Q. Will you state whether or not some time last fall 
you were present when he received a letter in which 
money was inelosed; ii the mone.v was exhibited to 
you. and what was the character of this letter? A. On 
tlieydi or IJth of .September mere was a letter brought 
to him: tliere was in the s ma twenty or li ty dollars, I 
don trecoPect wh'ch; I remarked he was llnsh. or had 
money and having read the letter, he handed it over 
to me and I read some hall dozen lines, init i did not 
uiider.stand i': it was very amhiguons in Us language, 
and I asked him what it meant:'li"s,iid it was some- 
thing big, and I woaid soon see in the papers, or some- 
thing to that ellect. 

Testimony of Etiian J. Iforner. 

Q. W^ill you state whether or not some days after the 
assassination of Ihe President, you arrested the pri- 
soner Samuel Arnold? A. i)n the miming of the 
I7th of April last, Mr. Allen and myself arrested him 
at Fortre.ss Mo:iroe. 

Q. Did you liiid an.y arms in his possession? A. Yes 
sir; we took tliem in the room at theback ot tliestore 
in which he slept: we searched his person and acar- 
liet-bag and got a pistol : he said lie had another pistol 
and a kniie also at his father's place near the Hooks- 
town road. 

Q. What kind of a pistol wi^s that you found? A. 
A Colt's pistol. 

Q. Was it like that .showing the witness a pistol)? A. 
Noslr: not like that; but he said he left a pistol like 
that at his father's. 

By Mr. JTwi iig.— Didn't be say he left a knile and a 
p slol at Hookstown. and what else did ho say to 
viu? A. 'He made a verbal statement to us at Fort- 
ress Monroe; there was a letter given us by his father 
to give lo liim when we arrested him. and alter we 
lianded him the letfrand he had read it i asked hiiu 
it he was f-o'iig togive us the statement, and he gave 
us cne, together wth the nanus of certain men con- 
nected wi'li th<?ahducti..n, or latherwith tlie kidnap- 
ping of Abraham Lincoln. 

Mr. Cox here rose and objected to any confession 
made by the prisoner that would or might tend to evi- 
dence against any other of the accused. 

Mr. Kwing and Mr. (^ox litid a lengthv argument, 
which (inal'v re-,ulie I in :i ruling b.V the Court, admit- 
ting as evidence the statement of the witness of the 
whole conversalioa that took place at the time re- 
ferred to. 

The witness then continued, and said the prisoner 
had slated to him that alioiitlwo weclcs previous to his 
going to Fortres Monroe he was at a meeting, hold at 
the LicLleii Hou-e: 1 aslccd him who attended the 
meetinjf. alid he gave me the n:uiies. 

Here the witne-s took out a paper and reatl there- 
from, J. W. Booth, M. tI'Laughlin. G. W. At eroth, 
John Surratt, and a man with an alias of Moseby, 
and a smtill man whose name I couldn't recol lect. 

t^ Inrl he sav wliether he was present at the meet- 
ing himself? .\. Yes sir; I asked him if he corres- 
ponded-with Booth; he said first that he did not; then 
1 mentioned to him a letter published in the 
iSundiiy American, where there was given a 
stateiiient of a letter lound In ,T. Wilkes 
Booth's trunk, and I mentioned to him that the letter 
was mailed at Hookstown and signed 'Sam;'' when he 
said that he had written that letter, aud that evening 



TRIAL OF THE ASSASSINS AT WASHINGTON. 



69 



webrouiThtl'.im to Baltimore; I asked liim if Wilkes 
BootU was iici aintrd luiv in St. Mary's county or 
Charles c^^um v. and ho said he had letters ofintroduc- 
tiou toDr. Miidd;.nd ])r. Queer; I asked who lie vol 
thenU'roni.uud hosaid he did not know: we proceeded 
to BaltiinoTc and I lol't him in the office of the I'rovost 
Marshal. , . ,. „ , ^ 

Q. Di 1 lie not .'^tate to you any description of what 
took place at tliu meeting? A. Ye.s; I recollect his 
saving that r.oilli ftpt auprry at him becairse liesaid 
if the thing was notdone that week be would with- 
draw, and t'.at Booth then said he ou^jhtto beshot, 
and ho replied It taok two to play at that Ram e. 

Q. Didlie not sayt >you th:it he then withdrew from 
the arr.inu^eiiK'nt.nnd" ucceiited a position with John 
W. AValtmi, at Fortress Jlounie? A. Yes sir. 

Q. Did ho state the e.\act date when that moetini,' 
was held at Wc.shinston? A. He may have done su 
but I caunot recollect it. 

Q. Did lie tell you that lie had seen Booth since 
that uiKht? A. I d ai't recollect whether he said ho 
had seen Booth since tliat eveninii, but he said he 
would not liave any c;jnniftion with tliinas if it w.is 
not done durincc that week, and that Booth said he 
would be justilied in shooting him if he should with- 
draw. 

Cross-examined by Mr. Ewins.— Did he not state to 
you that he d.d alterwards withdraw? A. He may 
have said so, but 1 don't recollect. 

Q. Hes.iid to you then that alter that time he had 
had Udthingiurlher to do withtheconspiracy? A. Yes, 
he said that. 

Q. Did he say where he went then? A. He went to 
Fortress Monroe and accepted the position under 
"Walton. 

Q,. Did he say what time he accepted it? A. The 1st 
day of April or the last day of March, I am not cer- 
tain which. 

Q. Did he not say this interview was at Gautier's, in- 
stead oi' the Lxhten House? A. I may be mistaken, 
but 1 tliin!c lie said Uie Lichten House; I knew he said 
It was in Louisiana avenue, between Sixth and Four- 
and-a-half Ktree:s. 

Q. Did he say aiiythint: as to what had been the pur- 
pose ol'the pari.es a ter the timehewithdi-e\V? A. lie 
said thopurix seof thepaity when he was a member 
of it. was to a'iOuct thi; In adsot thetiovernmpiit, so as 
to force t':e Kiith to have an exchange of priso;;ers. 
or something to that e!12ct: I asked him, al.so, what 
hispart wasio be ill the consp:racy, and I think he 
saidthat ha was to ca'.ch the Bresideut when he was 
thrown from tlie liox ort!ie theatre. 

With t .eexoe;Ui m of O'Laughlin and Mrs. Surratt, 
all theprisoneri jo ned in the lau,'h wliich the iiea of 
Arnold catching Mr. Liucoiu in his arms naturally in- 
duced. 

Q. Did he say anything as to his writing a letter to 
Booth, or as to Bo ith's importuning him to contini'e 
ID the plot? A. Tiiere was a good deal of talking, aud 
I don't recollect all that was said. 

Q. Don't you recollect h s saying that Booth went to 
his father's house twice alter that, in order to get him 
to CO on with the conspiracy? A. JS^o sir; 1 do not re- 
collect that. 

Q. Did he say anything as to whom the arms be- 
longed? A. I asked him where he got the anus, and 
he said Booth got the arms lor the whole party. 

Q. Didn't he say Booth told him when he "left the 
conspiracy t o sell the arms? A. Yes sir. 

Q. To what i'.rms was he then alluding? did you un- 
derstand him as re'erring to the arms at his lather's 
house, to the one pistol? A. Booth told him to sell the 
arms. 

Q. Did you understand him to mean that the pistol 
was part of the anuj that he had at his father's house, 
the same arms? A. Yes sir. 

By Mr. <Ji)x.— Did hesiate to you that that was the 
firstand only mei.'tingheever attended? A. No sir; it 
was the lirst n eeliug, from what he told me. 

Q. Did no tell >oii that the meeting came to the con- 
clusion that the plot was impracticable? A. He said 
he did. 

Q. Didhetell you that-they did? Didn't he savthat 
the scliemefell through because they all concluded it 
impracticable? A. He only said that he, individually, 
considered it so. 

By Judge Holt.— Q. Did I understand you to say that 
the meeting itself had determined to abandon the 
attack on the President? A. No sir; only himself 

Q. State whether you found a rope in his carpet bag 
at Fortress Monroe. A. I d(jn'i; recollect an v. 

Q. Did he not tell you what the elate of tlie meeting 
was? A. He may have, but I don't recollect; ii; was a 
week or two bo. ore he went to Fortress Monroe; he 
might have said three weeks. 

3y Mr. Aiken.— Q. Was the name of Mrs, Surratt 
mentioned to you by Arnold? A. No sir, not to my 
recollection. 

ByMr. Ewing.— Q. Didyou examine his carpet bag 
at Fortress Monroe? A. Yes sir. 

Q. You found no rope there? A. I don't recollect 
any. 

Q. Did he not say to you that Booth had a letter of 
Introduction to Mr. Queen or Dr. Mudd? A. No sir, 
I understood him to say and Dr. Mudd. 



Q. Which Dr. Mudd? A, There is only one, I think, 
in Charles county. 

By Mr. Stone.— Q. Did he speak of Mr. Queen or Dr. 
Mudd? A. Dr. Queen and Dr. Bludd. 

Testimony ofMs'. Thonias. 

Q. State whether or not you are acquainted with the 
prisoner at the bar, Dr. Mudd? A. lam, sir. 

(J. State whether or not son^o weeks since, before 
the assassination of the President, you saw him and 
had a conversation with him. A, Yes sir. 

Q. Where did it occur? A. At Mr. Downey's. 

Q. In that conversation did he speak of the Presi- 
dent of the United .States? A. He said that the Presi- 
dent of the United States was an Abolitionist, And that 
llie whole C.ibinet were such, and that thei-Joalh would 
not be subjugated under Abolition doctrine: hesaid 
the whole Cabinet would be killed within six or seven 
weeks and every Union man in Baltimore; he made a 
remark to me tiiat I was no be ter than they were. 

(i. Was he silent in his manner? A. He was not 
much excited. ; / 

Q. Did you have any conv-ersation with him about / 
polilio;? A. I made the remark tliat the war would / 
sonn be over; that South Carolina and Richmond were 
taken, and we wouldsoon havepeace; then hewenton 
stating that the South never would he subjugated; that 
the President and Cabinet were ail Abolitionists and 
W( old be killed, and every Union man in the State of 
Maryland. 

Cross-examination by Mr. Stone.— Q. How far isyour 
place ironi Dr. Mudd's? A. About a mile and a half. 

U. Did you see him frequently? A. Not very. 

Q. Was Mr. Downey present"when you had'this con- 
versation? A. I belie've he was out, sir. 

Q. How long did he remain out? A. I am not able 
to say preciselj'. 

Q. Did you have any conversation with Dr. Mudd be- 
fore Mr. Downey left the room? A. I believe I had. 

Q. He lei t while you were conversing? A. Yes sir. 

Q. How did that conversation commence? A. It 
commenced about the war: I said the war wouldsoon 
be over, and that I was glad to see it. 

Q. Had you been discussing the question of exempt- 
ing personsfrom militaryservice? A. No sir. 

Q. Nothing was said about that? A. Not a word. 

Q. When did this conversation occur? A. Sometime 
in March; in the latter part of JIarch. 

Q. What was said after Downey's return? A. I asked 
him, as he had taken the oath of allegiance, whether 
he considered it binding; hesaid he was a lo.yal man, 
but he didn't consider the oath binding. 

Q. Had you met hnii at Downey's any other time 
during the year? A. Tnat was the only time sir. 

Q. tlow long did you remain there that day? A. 
Half 1 r threec,ua'--t('rs of an hour,p< rhaps. 

Q. Wa-i not Dr. ]Mu;ld's manjier jocose? A. No sir. 

(>. D.d he seem to be in earnest? A. It is impossible 
for me to say whether he was in earnest or not. 

Q. Did it leave any serious impression upon your 
mind? A. No sir, I didn't suppose such a tiling could 
come to pass; I went home and repeated what he said, 
and we all laughed at it; 1 thought that the man had 
mire sense than to use such an expression. 

Q. DidMiuddlook as if he really behoved it himself? 
A. When he lirst said it I couldn't think that he meant 
it, but after the President was killed, and Booth had 
been at his house, I thouglit that he meant it. 

Q. Did he tell you how the President and the Cabi- 
net were to be killed? A. No sir. 

Q. Ifyou had supposed that there was anyconspiracy 
would you not have given the information to the au- 
thorities? A. I did. 

Q. Who to? A. To everybody I saw. 

Q. Can yon name any one you told it to? A. Yes sir; 
I told it t 1 my brothers, I told it to Watson. I told it to 
mnny persons in Woodville, I told it to old Peter 
Wood. 

Q. But did you give any information to any one in 
autlioriiy? A. I wrote to Colonel Holland about it, 
the I'rovost Marshal of the Fifth Congressional Dis- 
trict in Maryland. 

Q. When? A. One week af er hesaJd it. 

Q. Did you get an answer ? A. No sir, and I came to 
the conclusion that the Colonel never received my 
letter. 

Q. You are sure the conversation yoa have detailed 
is .11 that occurred? A. Yes sir. 

Q. Wlio lelt first? A. We leit about the same time. 

Q. Did you go together? A. No; I went home, and 
he went to his house, I guess. 

Q. When Mr. Dovvne.v returned didn't Dr. Mudd say 
to him that you had been calling the Ilebel army our 
army? A. No sir nothing of the sort. 

Q. Did you mention this conversation to j'our bro- 
ther before the assassination? A. Yes sir. 

Q. To which of your brothers? A. To Dr. John C. 
Thomas. 

Q. Did you mention it to Mr. Watson before the 
assassination? A. Yes sir. 

Q. What is his full name? A. Lemuel Watson. 

Q. You spoke of Mr. Wood; was it Peter Wood, Sr.? 
A. Yes. the old man, sir. 

Q. Did you mention it to him before or after the 
assassination? A. After, sir. 







TRIAL OF THE ASSASSINS AT WASHINGTOiN-. 



Q. Mr. Downev didn't Beem to think anythinir cf 

thi3 talli of Dr. Miulds'? A. I tald you he \v:us not 

there at the time. sir. and when I mentioned it to him 

lie said ne was glad ho did not hear anything about it. 

Testimony of John llopp. 

Q. Look at that paper, and state if you have seen it 
before. Ileie the wiuie,-:s read the following telegram: 

"To M. U'Lau'jhiin, .No. 57 M. Exeter street, lialli- 
more.Md.:— Don't you fear to neglect your business. 
You had better coiue at once. J. BOOTH." 

Q. S.aie whether yoii are a telegraphic operator in 
thi.s city? A. I am .\ clerk in the ollice. 

Q. State whether this despatch wa-s sent at the time 
of its date? A. Yes sir; it was, hut the year should be 
isilo, and not lS(ji: that's one of the old printed lorms. 

Q. Do you know tlie handwriting of John Wilkes 
Booth? A. Vessir: I saw liim write that. 

(Jro^.s-o.vamined by Mr. Co.\.— Q, "Doii't you fear to 
neglect your business: you had bottir ci me at once.'' 
Cauyijutell me whether this is a question or a com- 
mand? 

Objected to, and the question was waived. 
TesJitHony of K. O. Steivart. 

Q. State whether you are a telpgraphic operator in 
thi.s city? A. Yes sir. at iheM-aropulitan Hotel. 

Q. I^ook at this disjiatchand state whetheryou have 
any knowh tlge oi' its having been sent? A. Yes, I sent 
itiiivsclf. The witness reads:— 

••March 27lh. ISGl, M. O'Laughlin, No. ."JO Exeter!=treet, 
Baltimore. Md. Git word to .Sam. and come iu with or 
^vitboul billion Wednesday niornins. 'We sell that 
day sure. Don't niil. J. Wilkes Dooth." 

Q. is this last March or last March a year ago? A. 
Last March; that is one of the old forms. 

Q. Did vou know this man? A. No sir. 

Here a photograph of John Wilkes Booth was shown 
to the wiiues.s, who, on seeing it, said:— "That's the 
man that sent it." 

Cross-examined by Mr. Cox.— Q. You know it was 
sen t i n Ma re h . 1 SGu? A. Y es s i r. 

Q. Iti3datpdl8()4? A. That's one of the old forms; 
but I remembsr it was sent this year. 

Q. Is ti:at \our iudor.iemeutonit? A. Yes sir. 

Q. IIow long have you been an operator at the Me- 
tropolitan Hotel? A. About ten mouths. 

Bv Jiidco Hot.- Q. Y'ou were uot there in March, 
1SG4? A. No sir. 

The e.xaniination of this witness being concluded, the 
Court adjourned tiil lu o'clock to-morrow morning. 



■Washingtox, May 19.— The witnesses for the de 
fense were to-day dismissed until Monday. About 
twenty have thus far been summoned. The IJiiitocl 
States have probably thirty more witnesses to ex- 
amine, and as the effort will be made to conclude the 
testimony for the prosecution tomorrow, the trial 
will probably be closed next week. 

Testimony of Colonel J. H. Taylor. 

By Judge Holt.— Q. state whether you are cnnnected 

■with the Provost Marshal's office at ^\■asllillgton? 

A. No sir: I am on duly at the head-quarteis of the 

Department at Washington. 

Q. Look at that paper, marked No. 7, and state 
whether you ever belorehad itiu your hands, and irom 
whom you recciVLd it? (The paper rcferrc'd to was one 
taken Irom the trunk of J. Wilkes Booth, and in re- 
gard to which the witness. Lieutenant Tyrrell, testified 
that it was written in the ciplier of the Cunl'edciaic 
States.^ A. I have had it in m.v hands: I received it 
from Lieutenant T.vrroU. a:i officer on daty in the Prn- 
vost Marshal's ofiieo. on the night of the Hth of April; 
I gave it to Colonel Wells on tlie l.'ith. 

Q. You received it Imm Laulenant Tyrrell as oneof 
the papers found in llie tr an'.c of J. Wilkes Booth? A. 
Yes sir; for which 1 had sent hiin. 

Testimony of C'laarles ICoscli. 
Bj' Judge Advf>cate Holt.— Q. Do you recognize the 
prisoner, i:dward Spangler? A. I do not know him 
personally; I was not present at his arrest. 

Q. Did you go to his house after his arrest? A. Yes 
sir. 

Q. 'What did you find there? A. A carpet bag, in 
which was a piece of rope, wliicli I measured aller- 
warils andfo'.uid t'lbe ei;,'lity-0Me fort in length; tlie 
twist appi'and to liave been t:ikcn out of it: there w.is 
nothing else inthecarjiet bag except some blank paper 
and a dirty shirt collar. 

Q. Where was that carpet bag with the rope left? A. 
At the house where Spanglor took his meals, on the N. 
W. corner of Seventh anilH street-. 
Q. When was it left? A. That I do not know. 
Q. Who were with you when you took the rope? A. 
Two of the military of the Provost Marshal'.s force; 1 
do uotI:now their names, 

Q. Von did not see Spangl-i himselt there? A. I did 
not; I was to go with the other officers to secure tlic 
papers, and we missed lum; consequently I was not 
there when he was arrested. 

Q. Had the carpet bag been opened? A. No sir; we 
made out to open it with some keys we found. 



Cross-examined by Mr. Ewing.— Q. Where is the 
house at which you lound tlie carpet bag? A. It is situ- 
ated on the northwest corner of Seventh street and H 
street. 

Q. Who gave it to you? A. We took it when we 
found it belonged to Spangler. 

cj. Who was there? A. A man who was commonly 
called '• Jal^e," who workedat the theatre in companv 
with Siiangler: this man told me that was Spanirier's 
carpet bag, and that was all that Spangler had at the 
house. 

Q. What persons were living or staying in the house. 
Did you see? A. There wcru a couple of persons, 
boarders. I presume..! did notknow any of the parties. 

Q. In what room did you find the cariiet bag? A. In 
a bod room up stairs. 

U- In wliat part of the liouse? A. As near as I can 
judse. it was on the south side of the house; that is. the 
room faced Ihesoiitli. 

(.2. I)escribe the room? A. It was right near where 
Jake kept his trunk. 

'Ihe Commission reassembled at two o'clock, after 
the usual recess. 
Testimony of Chas. H. Rosch. Continned. 

Q. Look at that coil of rope and state whether or not 
it is the same which you found in Spangler' .s carpet- 
bag? A. (Looking at the rope.) I believe and am 
sa'.istled that it is. 

Q. What did you do with the monkey wrench? A, I 
found no monkey wrench: I would here beg leave of 
the < ourt tu c rreet so much ol thetestimony as refers 
to the lucalil.v which I stated: upon retlectiou lam 
convinced that the house was on the northeast corner 
cf Seventh and U streets; the room was on the second 
floor. 

Q. What was the number of the room. A. There 
was no number. 
Testimony of 'Wm. £aton, (Continued.) 

Q. State to the Court whether ,vou arrested the pri- 
soner, Edward Spangler, and on \<'hat day? A. I ar- 
retted him; 1 do not recollect the day; it was the week 
alter the assassination. 

(>. Where did you arrest him? A. In a liouse on 
Seventh 'street, near the Patent Ofiice: it must h.ave 
been on the southeast corner of Seventh street and H. 

li. Do you know whoie house it was? A. I do not. 

(J. Didyoulind any weapL<ns in his possession ? A. 
No sir, I did not search him. 

Q. Was it liis boarding house? A. I think it was. 

(i. Who was with him ? A. There were some ladies 
in the house. 

Testimony of 'Willian* 'W'alSace. 

By the Judge Advocate.— Q. State wliether or not 
sonie time after the assassination of the President you 
arrested the prisoner, O'Laughlin? A. 1 did; on the 
ITih of April. » 

U. Where? A. At the house of a family named 
Baiiev, in Hi.gh street, Baltimore. 

Q. SVas that his boarding house? A. I think not; I 
think liis boarding house, or the house where he 
siopi ed, was that of his brother-in-law. No. 57 Exeter 
slr.'et. 

Q. Did you ask him why he was there instead of his 
bo. rding house? A. 1 did; he said t;iatwlien he ar- 
rived iu" town on Saturdavhe was told that llieorucers 
bad been looiving fir hini:"and that be went away to 
tlie bouse of a friend ofhis, where he stopped on Satur- 
d.iv or Sunday night. 

(>, Did be ask you what yon had arrested him for? 
A. Ileseenii'd to iindei-stand what it was for. 

1 '. Did be u.s!c vou at all in rc>i;ard to il.e cause? A. 
Ni^thing that occurs to my mind at present. 

t>. Did bespeak oi the assassination of the President 
at all? A. He siioke of it as being a very bad aUair. 

U. Dirt vou lind liny arms in Ids possession? A. No 
sii" weBoarched him and I'ouiid none wluuever. 

CroHS-examined by Mr. Fox.— Q. Did the brother-in- 
l.iw of the prisoner send for the prisoner or go with 
you to arrest him? 

J nlge Bingham objected to the question. 

Jlr. cox stated that the obiect was to show that the 
bmiher-in-law of the prisoner went aiter him volun- 
tarily. 

Judge Bingham replied that the question was not 
pniperly a portion of the cross-exaiiunation, but was 
altogether new nintter. What the prisoner s;iid to his 
bro.lier-in-law bad not been ofierod in cv.dence, and, 
in ndilition to that. It bad been shown lliatthepri- 
SDiu r bad resolved not to be taken at home, and was 
g()ing to change liis boarding-house. 

Mr. Cox.— The object of the prosecution, I presnme. 
Is to show that the psrpose of too prisoner in changing 
his b djings was to avoid arrest, the witness having 
tc«lllied that the priwjner was found dsewhere. I de- 
sire to asU bini wliether he liuud the 1 r s.uieratthe 
instance of bis i the prisoner's) brother-in-luw. 

The obieclion was overruled, thet'onnnission decid- 
ing that the question should bo answered. 

A. The prisoner's brotlior-in-law,Mr. Mallsby, I am 
well acquainted with: he was reconimentie 1 to moon 
Supdav evening as being a good Vnlon man, as one in 
whom'l could place conlidence: ho knew I was look- 
in;' lor Jlr, OLauglUin; 1 told him I wislied him t« 
assist me; he said that anything he could do to assis 



\ 



TRIAL OF THE ASSASSINS AT WASHIXOTON, 




LEWIS C. PAYNE. 



35AVID C. HABOLD. 



THE SCENE OF THE GREAT TRMeEDY. 






o 




"TI 


•n 


"-1 


3a 


-fl 


m 


ra 



A— Public Sc\(to\. B— n^rndon Hotiso, (HokI). ! X— Utslanraiits. G— XcTrspa-pcr Ofice. 

C — The, only vacant lot communicating with alley,' H— Mixlol House. 

I>— The only alky outlet to F street. i I— House taten t» after the act 

E— Bunk {formerly Savings Bank). K— The alley by which the marde/er escaped. 

(5) 



TRIAL OF THE ASSASSINS AT WASHINGTON. 



n 



mo lie would clo; fliat if he could get any information 
concrning the prisoner lie wouia impart it to mo; 
tliat on yviuday evening or Monday morninft hccamu 
to meiindtold mo tliac lie tliou'^Ut if I went with him 
■we could lind OXan^'hliu; I then went with him and 
arrested the prisoner. 

<i. Did the prisoner say anything about having; re- 
ceived anv inforiuation as to wuttaia- iho detectives 
had been at his house? A. I think he said that wlien 
ho got to his house on Saturdaj-alternoon he heard tuut 
thoy had been tliere. 

Ci. Dili he protest his innocence of the crime? A. He 
said lio l:new n.ithing wliaievor about it. 

Q. I);d he say he could show his innocence by the 
person-t with whom, he had been in company? A. lie 
said ho could account for his whereabouts all the lime 
that he was^n Washington, through jjarties who were 
there with him. 

Q. Did he say he left home after being advised that 
detectives were there alter him? A. 1 do not remember 
that he said so. 

Tctsliinouy of James GifTord. 

Ej' the Judfco Advocate.— Q. .State whether you have 
been connected with Ford's Tbeatre in rlii%city. and 
in \v bat capacity? A. I have been in the capacity of 
builder. 

Q, You were the carpenter of the build(|ig? A. Yes 
sir. 

Q. Did you occupy that position on the 14tli and loth 
of April last? A. Yes.sir. 

Q, Did J ou observe the President's box on that day? 
A. No sir: I was not in it. 

Q. Do you recollect havinsr seen any one in it? A. 
Well. I saw Mr. Harry Clay Ford in it.at one lime, and 
Mr. Keybold. , ^ 

Q. Anyoneelse? A. Nosir. 

Q. Did you observe a large rocking chair which was 
in ihe Tresident's bo.x on the day of the Hth? A. I 
did not notice it ou the Hth. 

Q,. When did you see it? A. I saw it on the following 
Su iiday i n th o bo x . 

Q. Do you know when it was placed in the box , andl 
by whtm? A. I do not. 

Q._ Do you know whether it was ever there before? 
A. i do not thinli it has, been there before during this 
season: I saw it last season. 

Q, Do .vou know who took it away? A. Ko sir. 
, Q. Do you know whether the stage scenes remain 
now as ihey were on tlie morning ofthe assassination 

The witness' reiilywas somewhat inaudible at the 
reporter's desk, but he was understood to siiy that wirh 
tlie excejition of a slight disarrangement which had 
been made by order of the Secretary of War in order 
to secure a view of the stage, the scenes were in the 
same posilion as on the morning of the assassination. 

Q. Have vou examined the wall iu the Presideut s 
box? A. Yes sir. 

Q. When did you examine it? A. I think it was on 
Monday morning after the assassination when I first 
saw it. 

Q. You had not seen it before? A. No sir. 

Q. When had you been in the box last? A. I cannot 
state positively: I judge it was within a week. 

Q. Do you think that if the mortice had been there, 
you would have observed it? A. Yes sir, I should 
think so. 

Q. Had it the appearance of having been very re- 
cently made? A. It looked so to nae. 

Q. By what instrument would you suppose it to have 
been made'.' A. I should think it was made by a knife. 

ti. Would it not require a good while to make it with 
a knile? Itis quite a large mortice? A. It would re- 
quire a man some tl;teen minutes, I should judge. 

Q. If the three doors of the ))lace were all closed it 
wot^ld have been entirely dark there, would it not? A. 
Yes sir. 

Q. Do you not think that one or more of thosf- doors 
must have been opened when this mortice was made? 
A. J t might have been so; some light would have been 
required. 1 should think. 

Q. Wou d not .such an operation, made with an open 
door, be likely to attract the atttnliim of iiersoiis con- 
nected with the theatre? A. If akuilewere used it 
v.'ouid not; if a chisel or hammer were used, they 
would create sound*, 

Q, What were the duties of the prisoner, Spangler? 
A. He worked ou the stage, made scenery, li.\ed up 
the stage Ac. 

Q. Was the decoration of this bo.x within the line of 
his duties.' A. .Xo sir; there was a gentleman there 
b.v the name of Reybold. who was an uphoisierer, 
vi^'io.se duty it was to decorate the box. but he had a 
st'iilneck, so lie told me alterwiirds: when I asked 
him if I did not see him in the bo.'c he said, yes, but I 
did not decorate it. 

Q. Where were you at the momentof the assassina- 
tion ofthe President? A. I was standing about ten 
fe?t from the centre of the big lamp, jus^ ac the edge 
o( the platform. 

Q Ou the.'^tage? A. Ko sir; in front of the house, 
outside: I came out lo the front of the house alter 
having been in three or four minutes. 

Q. You allude to the Irtml part of the theatre? A. 
Yes sir. 

Q. Had you been behind the scenes? A. Yes sir. 



Q. How long before? A. About twenty minutes 
before. ' 

Q. While there did you see the prisoner. Spangler? 
A. Yes sir. 

(.i. What was he doing? A. He was on the left hand 
side:! came out belore inecurtain and went uik he was 
wailing to transact Uis busiue.ss, which was scene 
snilting. 

tl. Was it not usual for the passage way which leads 
tu the bai'k door to be kefit entirely Ireo of oljstructions 
Willie a piece was beiu.n jilayed? A. The oiitsido pas- 
sa:ie w;is alwaws kei.t iree: tiie entrances were moreor 
le;s filled with chairs and tables, thougii lliat de- 
pended on what was being plaved; sometimes, us ia 
pieces where a large numtier of seats were used, the 
pas.sages becamojammed up. 

Q. Do you know WHO made the mortice on the bar 
wliich was found there? A. I do not. 

Cross-e.xamuKd by iUr. Kwing.— A paper, which pur- 
ported to bea pian of the interior oi the tae;itre. was 
shown to the witness, with the request ihat he shou.d 
state waei'aer it was correcliy diavvn. The witnes.s 
pointed out that it was delicient iu several particulars. 

U. .state whether ilie |jassage-w;iy across the stage to 
the outer door was oidinarhy oostructcd during the 
play? A. OaLv'by people when there was a larKe com- 
pany on the stage, there were never any chairs, tables 
or scenery in the way. 

Q. Wasit not necessary to keep the passage-way clear 
ill order to allow tiie actors and actresses to pass with- 
out obstruction from the dressing rooni to the stage? 
A. Yes sir. 

Q. How is the back door, the small one, usually left? 
A. It is usually leit open after lueperlormanceisover. 

Q. Do you mean that it is swinging open or merely 
unlocked? A. l,e.'"t tnilucked: ihe oniy door tiiat is leit 
open is tlie door leading to the sideof the house. 

Q State W'hat position Mr Spangler occiiiiied during 
the performance. A. His business was on the !e;t 
hand sideof the stage, the right hand irom the audi- 
ence. 

Q. Was that ou the side of the Presideut's box? A. 
Yes. 

Q. State at what times during the performance you 
were ou the stage that night? A. I was oil the stage 
until the curtain went up, when it was lowered I came 
around on the stage to ; ee that everything was right. 

Q. State at what times during the evenini,' when you 
came on the stage between the acts you saw Mr. Spang- 
ler? A. I could not state the time exact, y, I jud.ge 
that the last time I saw him was about hah-past nine 

clock. 

U. State whether you saw him each time? A. "V es 
sir, each time. 

Q. He was your subordinate, was he not? A. Yes sir. 

Q. State w'.iere vou were during that play when you 
were not on the stage.' A. I was iu the jroiii ofthe 
house; 1 walked down to D street and Tentu to look at 
a bin lauip which 1 had put up there; during the per- 
formance of the first act I walked up to tne corner of 
Xentli street and F, and took a glass of ale, during the 
second act and during the third act I did not leave the 
tiouse at ail. 

Q. Yija were tuen in I'ront ofthe theatre ])art of the 
time between ihe'Seeond and third act ? A. I was on 
the stage between the acts. 

(.1. Wherewere vou during the perormance ot the 
second act ? A. To the best of my knowledye X was 
then in the front. 

Q. All thetiuie? A. Not all the time. 

Q. How much ofthe tnne ? A. Vve.l I do not know; 

1 WLilked 111 and stayed, may be, five or ten minutes 
and walked out. 

Q. state whether or not you saw the prisoner. Span- 
gler, at any time during that piay in front ot the 
theatie? A. i did nut: I do not think hecould have 
beoH in I'ront of the iliea.re without my knowing it, 
becausetlie scene would have gone wrong it he had 
lelt the stage. . v , , 

Q. D-rt you ever see Spangler wear a moustache.' A. 
if o sir. he never w ji e one aiTice 1 knew him. 

ti. Do \'ou know Low he was dressed that evening? 
A. No siV; I did not lake any notice otliim. 

Q. llow was he dresoed ordinarily? A. About the 
same as he is now. . . , . . , 

U. Was not the Anieri'-an CIjk.s'i'h a play \n wnicii Ihe 
scenes weieshilted a good deal? A. They were \vhat 
we call piam scenes; there was not much shilling; I 
believe tiiere wero»some five or six sc.-nes m eaen act. 

a 'llieii Spanglcr's pre.-ence ihere would have been 
indispoo.sablelo the perl'orniance.' A. Yes sir: it he 
had not been there the scenes would not have gone on. 

(i. Did you hear liooth call Spangler that night? A. 

Q^'what had Spangler to do with Booth'i- A. No- 
thing, that I know oi ; Booth was r.ither Inendly. and 
everybody about the bouse wa-S friend! v with him: he 
liiul Ti winnm.; way abuui him that weuid iiiakf cvery_ 
person like him; he was a good nalured, jovial kind oi 

Q Was he not verv much in the habit of frequenting 
the theatre.' A. I would see Inni there lor a woe.c, 
then he would go od' and I would not see him lor a 
couple of weeks. , , 

Q. Did iie not have access to the theatre u.s one oi 
ibe employees would have? A. Yos sir. 



12 



TRIAL OF THE ASSASSINS AT WASHIXGTOX. 



Qj He had access by th«; bacii entrance at auy time? 
-A. Yos sir, at auy tune wlieu the employees might 
go in. 

a. Day and night? A. At any tiiue when the house 
was not locked up. 

Q. Was not >?pangler asort of a dnidee for Booth? 
A. He appeared ^o: he used to po down and help fix 
Booth's horses; I have seen him myself ouce or twice 
fixiufr up the liorse. 

Q. Was that liole in the wall cut into the brick? A. 
No sir. I believe not: to the best of my knowledge it 
was out in only an inch. 

Q. And it could have been done with a pen-knife? 
A. Yes .sir; I think it mjghl have been done with a 
pen-knife. 

Ihe witness was here shown the stick or bar foinid 
iu the President's box, which, however, he lailed to 
ideniify in any manner. 

Q. How lung would it have taken with an ordinary 
pocket knil'i.' to cu the hole in the wail (f which you 
have spoken? A. I suppose that a man. intent upon 
mischief, would have done it iu ten or iifti'L'u minutes: 
after the luce of the plaster was once broken it could 
be accomplished very easily. 

<i. I believe you stated that you did not know how 
the lock in the door of the President's box came to be 
loose? A. J do not know. 

U. When did you tiist hear that the President was 
coming to the theatre? A. 1 beard it between U and 
12 o'clock on that day. 

Q. Do you know wiiether he was invited to the thea- 
tre.' A. 1 do uot. 

Tesiiinony of Mrs. >Iartha Murray. 

By .Jnd^e Holt.— Q. Look at the prisoners at the bar 
and see if .vou can recognize any of them? A. I have 
not seeu anv of them, unless' it is that gentleman 
^poiutiug to Payne, who 'was directed tostand up;; he 
has the same appearance of a man I saw. 

Q. Was t.hejierson of whom you speak a boarder at 
your house? A. Yes sir. 

Q. Under what name did he pass? A. I did not hear 
any name; when Mr Jlcl-evitt came to the house 
atterwards 1 showed him the name on the book which 
I thought was entered when he came there, and Mr. 
^IcDcvitt cut the name out of the book; I cannot re- 
member what the naiue was. 

a. How long did he remain there? A. He came on 
Friday and lelt on Friday, two weeks atterwards. 

Q. You keep the Herndou House, do j-ou not? A. 
Mv husband does. 

Q. "Was the Friday on which he left the nth of April 
last? A. Yes. yie day tlie l';-i'Sideut was killed. 

• i. "What time iu tlie day did he leave'.' A. About 4 
o'clock; we had dinner at hall'-pa.st -l; this gentleman I 
said he Was going away, and wanted to settle his bill, 
and wished dinner before the regular dinner honr; X 
gave orders to have an early dinner given him; I never 
saw anj'tiiing further concerning hiiii. 

'J. Iiid he come to your Jiouse as an invalid? A. No; 
he said he came from the cars about 1 1 or i: o'clock. 

U. Did he come alone, or with others? A. He came 
alone. 

Q. Was he visited by others while there? A. I ex- 
pect he was. 

U. Would you be able to recognize any Der*on who vi- 
sitedhim? Look at the prisoners. A. I ao nut see any 
one 1 could recognize; I never noiicid auy one. Iiutone 
evening when at the sujiper table tliit; gentleman came 
in; I had finished my supper, and got up. and did uot 
pay any further attention; I left them sitting at the la- 
bie. 

Q. Had any one spoken to you for a room for this 
man belbre he came? A. No. not to my knowledge; 
some gentlemen have spoken to me for rooms, but I clo 
not recollect ai;y line speaking for this m.iu. 

Q. Do you remember whether John H. Sorratt called 
at your house? A. I do not know him; 1 never heard 
of him till Ihiscircuuistaiioo. 

Cross-e.xaiuined by Mr. Poster.— Q. State to the Court 
the location of the Ihrndon House. A. Itis on the 
corner opposite the Patent Ollice. 

Testimony of Win. U. Wells (Colored. 1 

By .fudge Holt.— Q. state whether or net on the 1 ith 
of April iast you werolivin"; in the house of Mr. Sew- 
ard. Sec-eiury of iState, anil if so in what capacity? 
A. I was in liie capacity ot a waiter. 

Q. Look at the prisoners at the bar, and see if .vou 
recognize either oithem. A. Yex. I rr.coynizi: lliat mail 
(pointing to Paine.) 

(I. Di<I heatiemi)t to come into the house of Mr. Sew- 
ard oiithe night of the 14th of Apr^? A. He d:d 

<i. state the circumstances coiinerted with his en- 
iranri'inio the house. A. When he came he r.mg the 
bell and I w.-iit to the door, and this man came in: 
he had a little packat:e in his hand, and said it was 
medicine iroin Dr. Verdi: hesaid hcwas.sent l\v Dr. 
Veidi with i)articiilar directions how he was to take 
the medicine, and hii s lid he must goup;ItoMh!m 
he could not go up; he I hen reneated ihe words ov^m' a 
good while, tellin";; me he must go iip. "must see him. 
must see him.'' I told him he could not go nn, that it 
was against my orders; that if he would pivemethe 
medicine I woiild tell him how to take it if he would 
leave me the directions; be said that wuuld nut do. 



and I started to go up, and finding he would go up I 
started past him and went up itie stairs belore him I 
asked him toe.^cuse me: 1 thought perhaps he would 
say that 1 rel'used to let him come up: I tliou;;hr per- 
liaps he might be sent by Dr. Verdi, and that he would 
tell Mr. .Seward that 1 tried to stop him; hesaid, "AH 
right;' 1 noticed that his step was verv heavy, audi 
asked him not to walk so heavy, he would disturb Mr, 
Seward: he met Mr. Frederick Seward on the steps 
outside the door, and had some conversation with him 
in the hall. 

O. Ifyou heard that conversation state it? A. He 
said t ) Mr. Fred. Seward tliat he wanted to see Mr. 
Seward: Mr. I'red. Seward told liim that he could not 
see him: he said that his fatherwas asleep at that time, 
to give him the medicine and he would lalio it to his 
father: that would uot do; hesaid he must see him. he 
must see him: Mr. Fred, saitl. 'vou cauiict see him. 
you cannot see him;" he kept on "saying lie must see 
him: Jlr. Fred. says. "I am the proiuietor here; I am 
Mr. Seward s son; if you cannot leave it wi.h me jou 
cannot leave it all;" he had a little more talk, and 
still holding the little package in his hand; Mr. 
Fred, would not let him see him anv way; he 
started towards the steps as if to go down, and I 
started to go (i(.wn before him: I had gone about 'hree 
steps, and turned around, saving 'do not walk SO 
'heavy:' by the time I had turnetl round he jumped 
back and struck Mr. Frederick Seward, and by the 
time i had tiinied clear ai'ound, Mr. Frederick Seward 
had lallen.aiid thrown up his hands, then 1 ran down 
staus and called 'niuriler: ' I went to the front door 
and cried murder; I then ran down toGeneral Augur's 
head-tiuarters at the corner; I saw no guard there, and 
ran buck: by that time- hree soldiers had come out of 
the building and followed me: I had got about halfway 
back to the hou.^e wheu I saw the m;rn run out and get 
on his horse; he, had on a li-ht overcoat, and no hat, 
but he had ou a hat when he came into the house; I 
had nut seen tlie horse at all before I halloed to the 
soldiers '"there he is getting on his hor^e; ' he got on 
his horse and started otf, and I followed him as far as 
(|fie corner of 1 and Fii'teen-and-a-halfstreeis; he turned 
up Vermont avenue, and I lost sight of him there, 
Q. Did you see with what he struck Mr. Fred. Se- 
ward? A. I did nor e.xactly see whatever it w as: it ap- 
pe.tred to be round and wound with velvet; I took it to 
h<- a knile afterwards. 

Q. How many times did he strike him? A. I saw 
him raise his iiand twice: I did not wait to see how 
many times he hit him; he hit him twice, and then 
I ran downst:drs. 

Q. Did this mau say anything as lie struck him? A. 
■\Vlieii he jumped back again he just said to him, 
"You,'' and hit him over the head; that is all I heard 
him say 

U. V\'as Dr. Verdi Mr. Seward's familj' physician? 
A. He was. 

Q. Did Payne advise you in talking to you? A. No, 
he did not say much to me: he only kept saying •Must 
see him," and walking very slowly forward all the 
time. 

Q. Had you ever seen this man before, that you 
know of? "a. No; never that I know of. 

ti. When vou came outdid you observe any person 
about the door or pavement? A. No sir; no one at all. 
»^. You did not observe his horse? A. I did not see 
any horse at ail. 

<i. How far Irom him were yon at any time after he 
mounted his horse? A. I might have been as iar aa 
I'rum here to that door, about tiventy feet. 

U. Did vou see the color of the liorse? A. He ap- 
peared a fiav horse, very stout; he dirt not appear to be 
a verv harily hor.-e. and did not appear to beg; ii:g 
very "fast till he got to I street, and then he got awaj' 
Iroiu me altogether. • 

<'ross-exaniincd by Mr. Poster.- Q. How old tire 
you? A. I don't know e.xactly; 1 reckon bet\jeen iiiue- 
teen and twenty. 

Q. How long bad you been at Mr. Seward's? A. 
Three mouths. 

(i. Have you ever been to .school? A. Y'es, four or 
five vears. 

<^ Where precisely was this man standing when you 
had this Coin ersalion with him? A. Ho was just i;i- 
side the door: 1 had closed the duor. 

ti. Did he giveyi<n the packau-e of medicine at any 
time? Q. No he did not iiand it to rae. 

Q. You sav he talked rough to you? A. He did not 
talk roug i; he had a very tine voice when he came in. 
Q. Vousay vou recognize that man asthe iir.soiierat 
the bar; stale what there is about the man that re- 
sembles the mail you saw that night? A, I noticed his 
hair his pantaloo'ns and his boots: that night lie was 
lalkiiigloMr. I'red.Sewardnearlylive mi-iules; he hud 
ou Verv heavy boots, bl.iek inuits, light overcoat and a 
browirhat; bis lace was very red at the time he came 
In; he had very coarse black hair. 

Q. Have you seen the same boots on this man? A. 
Yes, the night they captured him. / 

Q. Have vou seen the same clothes on him? A. I 
liaveseeu the same pantaloons; he had ou black panta- 
loons. 

Q. .Vnd would you infer from the fact that he wore 
black iMnts that it w'lis the same man? A. No, Ikuow 
his face. 



TRIAL OF THE ASSASSINS AT WASHINGTON. 



73 



Q. TV'liat points about his face besides his hair did 
you notice ? A. I noticed whtn hi; talked lio kind of 
raised tbe corner of" l»is lip and showed j. wrinkle in 
his jaw, as thougli his teeth were very light; I knew 
him the niompnt I saw him. 

Q. Did he talk wiicn you recognized him the lirst 
time? A. He did not lalk then, but I noticed the ruis- 
ingofhis lip that I hud seen whea he was talking 
with me. 

Q, When have you seen the prisoner before since 
the night of tlie assassination? A. I saw him on the 
17th at Genaral Ausurs head-quarters. 

Q. How did you liap'.)cn to r-'o there to see him ? A. 
They sent forme to the house; ilr. Webster and an- 
other Kentlfmun came for me. 

Q. What did they say to you? A. He sent a 
man up to the rooDi where I was, and asked mo 
to get up: I asked h'm what thvy wanted: it was in 
tlie night, about fjj;o or thrt-e o'clock: ho said ilr. Web- 
ster wanti'd m^I had l)C(,-u getting uj> every nifrlit 
Since tbe thing hapoi'nod, and 1 i.ski'd limi to ask ISlr. 
Webster to conieuiiio my room: I wiis tired ot getting 
up at night; when I got up and saw Mr. Webster, he 
told me he wanted me to go down to C'enerul Augur's: 
I went down there: there was a light, very bright, in 
the hallat llie tinif; they asked me how light it was at 
Mr. Seward's tliat niL,'ht"; I told them it wa.s not light in 
our hall, that the burner did not give but very little 
light: they asked me what kind of a lookiiii;- man tlie 
one was who came to see Mr. Seward; I told them he 
had black hair, tiiin lips, a fine voice, very tall and 
broad across the shoulders; there were about twenty 
or thirty gentlemen in there; tbey brouglit in one man 
and asked me if he was the one, and theii briuight in 
another; neither looked like him, and 1 tuUl them no: 
they then opened the middle door, and this man came 
walking in: at the door the liglit was turned up very 
Dright; as soon as I saw him, 1 put my fiiii^er right on 
his face, and said, •' I know him, that was the man." 

Q. Did either of the two men they showed you belbre 
look liko the man? A. No, one had muusiaches, the 
other whiskers. 

Q. Were they as tall as this man? A. No, they were 
short; they did'nt look at all like this man. 9 

Q. Had you at that time heard of any reward for the 
a^rehensif'U of the supposed assas'sin of Sir. Seward? 
A. Yes, I had lieard of a reward for the difl'erent ones, 
* but I had not heard of a reward otlered fur this one, 
and have not yet; 1 saw a bill posted up the next morn- 
ing from General Augur's head-quarters, otlering a re- 
ward, but not for this man. 

Q. Did any one offer you money before for this man's 
apprehension? A. No sir. 

Q. Did anybody threaten you? A. No sir. 

Q. When the prisoner struck Mr. Seward and you 
went do«n stairs, did you find any soldiers there? A. 
No; the passage was free: the door was closed: I went 
down, opened the door, and kept oii down to the 
corner. 

Q. What kind of a pace had the horse when he rode 
away? A. It seemed as if he went very slow at tirst, 
for I kept up with him till he got to I street; then he 
went oft" at a rapid rate. 

Testimony of Sergt. Georgre F. Robinson. 

By Judge Holt.— Q. State whether or not, on tbe 
night of the Hth of April last, you were at the resi- 
deuce of Wm. H. Seward, Secretary of State? A. I 
was. 

Q. In what capacity there? *.. In attendance as 
nurse upon Mr. Seward. 

Q. Look at the prisoners here and see if you recog- 
nize either of them as having been at that"lir)use tliat 
evening? A. I see one of them who looks like him; 
the one in his shirt (pointing to Payne). 

Q. State the circumstances attending the encounter 
between the person of whom you speak and Mr. 
Seward? A. The tirst I saw of him I lieard a scuffling 
in the hall; I opened the door to see what the trouble 
was; as I opened the door he stood close no to it; a-i 
soon as it was opened wide enough he stnif'ic me and 
knocked mepartially down and then rushed uj) to the 
bed of Mr. Seward, struck him and maimed him; as 
soon as I could ge^n myl'eet I endeavored to haul 
him ott'the bed and he turned on me; in the sculiie 
there was a man eome into tne room who clutched 
him; between the two of us we got him to the door, or 
by the door, when he clinched bis hand around my 
necli, knockedme down, broke away from the other 
man and rushed down stairs. 

Q. What did he strike vou with? A. He struck me 
with hife fist the last time: thefirst time with a knife. 

Q. Did he stab you, and if so, where? A. Yes, here 
(pointing to about the centre of bis forehead). 

Q. Did he say anvthiug when he struck you? A. 
He did not that I heard. 

Q. Did he pass immediately to the bed of Str. Sew- 
ard when he first knocked vou down? A. He did. 

Q. Did you see him strike Mr. Seward? A. / ilid. 

Q. With the same weapon he struck vou with? A. 
Yes. 

Q. How often? A. I saw him cut twice. 

Q. Did beseem to be rutting at his bead or wh rre? 
A. He struck beyond the head and ueck the first time; 
then he struck him in thi- i;e:k. 

Q. Describe how he held the kiiifte? A. He held il in 



this way (raising the hand which held theknil'e, point- 
ing duv.iiwards). 

Q. Did it seem to be a large knife? A. It did. 

Q. Did he say anything at all after stubbing him? 
A. Not thitt I hoard. ^ 

(J. Did you observe the wound that had been intlict- 
ed? A. I did. 

Q. Dook at this knife and see if it is the same one 
held in his hand ? A. It was abont the length of tliat. 
It looked as though it might not be as wide as that, but 
1 oiny saw it in motion. 

(i. De-cribe the character of the wounds inflicted on 
M r. Seward ? A. Thero was onecuUing his lace I'.owu 
on the lelt side, and another one cuttiiig his nock be- 
low. I think they were both made bv Ibosamelilow. 
Ue was sitting partially up in bed at the time, his head 
reclining so that tlie same blow iiii;;ht have made both. 
Tbe other cut was on the opposite siuo of the neck. 
There were three wounds in all. It was all bloody 
when I saw it. I do not know but there may have 
been more. 

Q. Was Mr. Seward ia his bed at the time? A. He 
wa.s. 

Q. From what cause? A. He had been thrown from 
his carriage. 

Q. Were his limbs broken? A. I was told that one of 
his arms was broken and his jaw fractured. 

Q. While striking him did Mr. Seward get ou- of his 
bed orrema:n in bed? A. lie remained and received 
the stabs in bed. 

Q. Did he dunng the struggle roll from the bed or re- 
main in bed? A. He rolled out afti^r we had lelt the 
bed; when 1 came back 1 found he was lying on the 
tleor. 

Q. You say that this man, during the whole of this 
bloody work, -made no remark at all; tliat he said 
nothing? A. I did not hear him make any remar!:. 

Q. When became out of the room bad Frederick 
Seward risen from the floor, or was he still lying? A. 
I did not see ilr. Frecierick Seward around at all. 

Q. Where was he when this man came out? A. The 
first I saw of ?f r. Frederick he was in the room stand- 
ing up; he had come inside the door. 

Q. You say he knocked you down when he came into 
the.room: what did hestrike you Willi? A. 1 suppose 
with a knife: he struck me the last time with his fist; 
he uad his arm around my neck and let go and struck 
me- 

Q. Did he immediately go down stairs? A. He did. 

U. Did yon see his encounter with Major Seward? A. 
I did nutsee that. 

(■l. After he left was anything picked up which he 
left behind? A. There was, a revolver and his hat. 

Q. Look at this revolverand seeif you recognize it as 
iJie one be left? A. I should judge it Wiis; I did not 
notice this in it (pointing to tbe rammer.) 

Q. I understand tlie Mr. Seward you speak of to be 
the Secretary of ytate, and the house you speak of to 
bein Wasiiington city? A. Yes sir. 

U. Do you recognize this as the hat that was picked 
up? 

A light-brown felt slouch hat was shown. General 
Wallace requested tliat the hat produced might be 
tried on Payne. It was handed to Payne's guard, wiio 
placed it on his head to the evident amusement of 
Payne himself. 

General Wallace said, "Does it fit loosely?" The 
guard replied, "No, it fits tight.'" 

Mr. Doster. (Payne's counsel), "It Is too small for 
him, Ishould say," (laughter.) 

Tt'Stijuony of Major A. II. Sewar«I. 

E.xamined by Judge Holt.— Q. State whether you are 
tbe son of Wm. H. Seward, Secretary of Slate? A. I 
am his son. 

Q. Were yoaor not at his bouse on the night of the 
UthofApri'l last? A. 1 wa.s. 

Q. Will you state whether or not that night any one 
of the prisoners at the bar made his appearance at 
that boose? A. Yes, I saw tliU lai\ir i}tan who has no 
eont on ( Payne.) 

(oi. t-iaie me circumstances attending your Tnpe*fn!r 
with him that evening? A. 1 retired to bed about 7 
o'clock on the night of the 14th, with the understand- 
ing that I would be called at 11 o'clock, to set up with 
my lather;! very shortly fell asleep, and so remained 
until wakened by the screams of my sister; I jumped 
out of bed and ran into my father's room in my shirt 
and drawers; the gas in the' room had been shut down 
rather low, and I saw what appeared to bo 
two men, one trj-ing to hold the other; my 
first impre-ssiou was that my father had become 
delirious, and that the nurse was f.Ving to hold liim. 
I went up and took hold of him, but saw at once from 
his size and the struggle that it was not my latber; it 
then struck me that the nurse bad become delirious 
and was striking abfuit the room at rai.dom: knowing 
tbe delicate state of my fatlii-r's health, 1 i nckavored 
to shove the person 1 bad hold of to the<loor. with the 
intention of putting him out of his room: while 1 was 
pushing him he struck me five or six times over the 
bead with whatever be had in his left hand; I sup- 
posed it at the time lo be a bottle or a decanter he had 
seized irom the table: during this time he repeated 
with a!i inteuselv stron/ voice— "I ani mad, I am 
mad; " on reaching the hull he gave a sudden turn and 



74 



TRIAL OP THE ASSASSINS AT WASHINGTON. 



breaking away from me, disappeared down stairs; 
wl.jlo in tiie vicinity ot'the door ol niy lUllier's room, 
aa X was patching him oat, wben lie rame opposite tlie 
ligbtintUe hall it shone on him, iini I saw liiia dis 
tinctly: I saw that Iil- was a very large man, with 
dark "straiglit hair, smooth face and no board: I no- 
tic?d the expression of liis counii nance: 1 then went 
into my room and pot my pistol which had tu be talccn 
out from the bottom of luy carpet bair: I tlien went 
down .stairs, intending to shoot tho person iflieat- 
U'mided to return: while standin;;; at the door the i;or- 
vant boy came back and said the man had riddoiuiff 
on hoi'seback: 1 then realized lor tlje iir->t tinii' tliat 
tlie man wasan assa'ssin who had entered tho house 
for t'le purp(,s-^ of murdering niy latner? 

Q. Ijid you I lien return to your father's room? A. I 
suppose it v>-a.s five minutes before I got back: tjiere 
was quite a crowd collected at tiiedoor: I sent i5t a 
doctor, and made arrantjements Id Iceep tlie crowd 
out; it may not have been three minutes. 

(.1. state whethir yoa examined the number and 
character of the wounds given your father and bro- 
ther, Mr. Fred. W.Seward? A. No, I did not e.vamine 
them that night; 1 wus beaten very badly myselt. I 
found when 1 got up stairs a.cain: after uiy lather's 
wounds had been drtsscd and alter my arm had been 
bandaged, I went in and saw nij' latlier: he had one 
very large gash on his right cheek, bosirlei a cut on 
his "throat, on the right side, and one under his left 
arm: X did not e.\umine my brother's wounds; 1 did 
not know that night how badly he was liurt; the ntxi; 
day he was insensible and so "remained, and it was 
tour or five days beibre Isawwiiat his wounds wi>re. 

CI. What did you then discover? A. There were two 
wounds about'here (pointing to the lertsicJeof the 
head, over tlie ear); after tie piece ol the skuil had 
been taken out it lell the brain e.xiiosed. 

Q. Had he receiven any sta!) at all from the knife? 
A. I never saw anything of m.v brother during the 
whole time. 

Q. Did the wound indicate that a knife had been used? 
A. I thought myself it was done by a kniie, but the 
surgeon seemed "to think it was done by thehammerof 
the pistol; it was such a wound as I would have sup- 
posed miglit have been done with a knile. 

Q. Kid you see a pistol i)icked up In that room? A. I 
did not: 1 know there was one picked up. 

Q.. Did vou see any article of clothing? A. Yes; a 
hat. 

Q. Would you recognize it? (producing a hat). A. 
Yes, I am quite certain that is the hat; I saw the hat 
after it had been picked up and put in a bureau drawer: 
it was taken out and shown to me the next day; J"did 
not see it that night. 

Q. And you say you supposed it to have been the 
nurse? a". Yes; 'l"had no idea who the man was until 
he was out of thi; house. 

t2. Vou say that vou were struck with a knife? A. 
The surgeons think it was with a knilo I was struck: I 
supposed at the time it was with a bottle or a de- 
canter; that the nurse had become delirious and was 
striking at random. 

Qrf,Do yon feel rntirehj satiiifled that the person at the 
bar i.i tlie sanie man.' A. I do. 

t'ross-examined by Mr. Doster.— Q. Be good enough 
to state whetlier this is the first time you have seen the 
prisoner since he was talccn? A. -No; I saw him on 
board the monitor the day after ho w.ns taken. 

Q. Did you identify him then? A. Yes. 

Q. I'lease state the circumstances. A. fie was 
brouglitup on the monitor; I took hold of him the 
same way I did in tlie room, and looked up in his iace: 
he had the same leatures. with bis size.his propor- 
tions, bis swarthy face, iind no beard that I noticed, 
and when he was made to repeat the words, "I am 
mad. I am mad.'' I recognized the same voice, vary- 
ing only in intensity. 

Testimony of Richard C. >Ior$;an. 

Examined by .fudge IIolt.—Q. State whether or not 
on the ITtli or isth ((TApril lasi, you wereiu tlicservice 
of the Government, and if so. in what cai>aeity? A. X 
am in the service of the War Department, acting under 
the orders of Colonel Olontt. 

Q. State whether on one or botli of these days, you 
bad possession of the house of the prisoner, Mrs. Hur- 
ratt? A. Yes. 

Q. State where that bouse is? A. No. 54s H street, 
city of Washington. 

Q. State whether or not you took possession of the 
liouse, and wliat occurred there? A. About twenty 
minutes j)ast 11 o'clock on the evening of the 17th of 
April, in company witli other ollicers, I went to the 
liouso of Mrs. surrutl for the puri>ose of seizing the 
papers that might be I'onnd, and of arresting tlie in- 
mates of tli" house; after wo had been at the house 
about ten minutes, and Major Smith, Captain Weuners- 
kerch, and some other ollicers, had arresteil tho in- 
mates of the house, who were in tlie parlor all ready 
to come out. I had sent an ollicer lor a carriage to taue 
them away, when I heard a knock and a ring at the 
door atthe same time: Captain W^ennerskerch and my- 
self went to the door and opened it; the prisoner, 
Payne, came In; he had a pickaxe in his hand: he 
had on a grey cost and black pants, a hat made 
out of the Meevna of a shirt, I judged: as soon as he 



came in and immediately closed the door, he sa-d, 
-I guess I am mistaken." said I, "who do you want 
to see?" He replied. -Mrs. Surralt;" said I. "vou are 
ngiit. walk in." He luok a seat. I said, -what did 
you come here !br, this time of night?" he said le 
came to dig a gutter; that. Mrs. Surrait had sent (or 
him; I asKcd liim when and, lie said in tlie morning; 
I I askidhini where he last worked, and be said 
somewhere on JSintli street; 1 asked l.im where he 
boarded, he said be had no boarding hruse. that he 
was a poor man, and earned his living with the pick- 
axe in his liand; 1 a; ed him how much he made a 
d ,\y, lie said, nothing at ail sometimes, sometimes one 
dollar, and sometimes one dollar and liftv cents; 
-have you any moiuy?" "Not a cent. ' X asked him 
v.'hy became at this time of night? he .''aid he came 
to see where it wiis to be dug. so iliat he could 
commence early in the morning; I said, have 
you had no pi evious acquaintance with Mrs. Surratt? 
he s:i!d. No; I said, why did she seicct vou lor this 
work? be replied, that she knew bo was working in 
that neighborhood: that he was a poor man, and she 
came to him: I asked him how old he was, and he said 
about twenty;*! aslved him where he was from; he 
said irom^-'.uiquier county, Va.; previous to this he 
had i.ulleu out an oath of allegiance, handed it to me 
and.said.that will show you who I am; if contained the 
name of Douis Payne, Fauquier county, Va.: 1 asked 
him if he was rrom theSouth; he said he was; I asked 
him when he left there; he said two months ago. in 
Feiiruary; J asked him why he left; he said that he 
bad to leave or go into the army; that he preferred to 
earn his living with the piclc-:ixe: I asked him n he 
could read; hi' said no: I asked him if he could write; 
he said he could manage to write his own name. 

Q. Is thatthe |jick-a\e hehad on his shoulder (pro- 
ducnig the pick)? A. Yes; I then told him h-„> would 
have to goto the Provost Marshal and exnlain; he 
moved a little at that, and did not answer; the carriage 
had arrived to take up the women; they were sent 
off, and Payne was also taken away in charge of olK- 
cers; Jlajor .Smith, Captain Wonnerskercli, and m.vself 
remained to search for papers; we did not leave till 3 
^'clocii the next morning. 

Q. Did Mrs. Surratt leave the house before Payne 
came, or afterwards? A. They were preiiarin^ lo 
le.iveand were in the parlor; Mrs. Surratt was di- 
recied to get the bonnets and shawls of the others, so 
that there should be no communication with each 
other; she did so and they were just ready to go and 
had started to go wiien we opened the door; I think 
they passed out a.s Payne came in. 

Q. Then she did not see him before she left? A. Yes, 
she must have seen hmi as she passed out; I beard no 
conversation in regard to it. 

Q. State what papers you found there? A. I found 
several paiier aiul photographs. 

Q. Did you hnd thtse photographs of J. Wilkes 
Booth? A. No: the next morning I was shown a pho- 
tograph of J. Wilkrs Bootii, taken from her house, 
found behind a picture; we found photographs of Jell". 
Davis, Alex. If. Siephens and of iieanregard: we also 
found a card I'icture with this upon it, -Thus will it 
ever be with tyrants— the mighty yic .>:enipe)- t>/ranyr:s." 

Q. Will you give the name of the man who found the 
photograph of Booth? A. 1 think it was Lieutenant 
Demjisey. 

Q. Were you or not afterwards at the Provost Mar- 
shal's oliice? A. Aiiout three o'clock in tlie morning 
I got there: Jfrs. Surratt had been there and had been 
taken to the Old Capitol Prison beibre my arrival. 

Q. Did you hear Mrs. .-lurratt say anything in regard 
lo the prisoner at any time? A. No. 

Cro.ss-e.xamination bv Mr. Aiken.— Q. Have you not 
been in the habit of Kteiugexhibaed about the city in 
shop windows the j'hofo-rapli of .1. Wilkes Booth? A. 
1 never saw one ol them l>elore the assassination of the 
President. 

(i. Have you not seen photographsofJofF. Davis and 
other proiniiu'iit lea Ui-s of the Bebellion exhibited in 
sliop windows? A. I never had one of them in my 
hands UDlil 1 found tlieiu at this liou.se. 

Q. Do you net know that they have been so exhi- 
bited? A. X have not seen any since the lieheUion. 

(J. Were not those photographs of which you s])eak 
found in a traveling sack? A. Nn, I am positive of 
that. 

ii. Were any of tlie photographs found in that bag? 
A. No, they were found in port lolios and on tlie man- 
telpiece. 

^i. state if Mrs. Surratt made any remarks in regard 
to Payne. A. As she jiix-sed out "it now comes to my 
recollection that she made some remark to Major 
Smith, but I did not hear what it was. 

tj. Did you examine the traveling bag which was 
takiMi from the house? ,V. No sir. I took the traveling 
bag but did not examine it; we bad no key to open Ir. 

Q. Did you examine it after j-ou Icit the f.ouse? were 
not the photographs Of .letl. Davis and A. H. Stephens 
found in that bag? A. No, X saw it opened at the Pro-^ 
vost Marshals oliice, and it contained nothing. 

Testimony of :tIajor Smith. 

Bv Judge Holt.— Q. Statewhether you were in Mrs. 
Surralt's hou-se on the night of her arrast? A. Yes, I 



TRIAL OF THE ASSASSINS AT WASHINiHTON. 



•?5 



v.as in charge ol'the party wbo took possession ol" the 
house. 

Q. Did ycu see Mrs. Surratt alter the arrest ol the 
prisoner I'ayiie? Jl. Vei. 

Q. DiAyou luake any inquiry of her in regard to 
him? AXiViter questiuiiing Tayiie in rogi'.rd to liis oc- 
cupation, and ti.:^ t ) wh«L businLss liu li;ul at tiie liouse 
that niyht. he buid lie was a laborer and that be came 
there tbtiiK atiutterat the request of sirs, .surratt; I 
Stepped 10 tlied.orof ih • [jarlorandsaia "Mr.s.Surratt, 
wiil you stei) litre- lor a monieirt:" JNlr.s. Surrui t came 
there, andsadl, "Do vuuknowthis man?'' Khefsuid, 
raising htr li-jut hand. "•• Jicj'ore. Oud J do nut Icnovf l/ii.i 
man, and hcive never srrn Jiini. ' I then placed I'ayne 
under arrest, considerhig him a snspiclous (.■luiracter, 
and that I should send him to General Augur's hea(i- 
quarters lor examination. 

Q. Was he standing in full view of her when she 
made this remark? A. Yes. 

Q. Yon refer to Mrs. Surratt, the prisoitfr at the bar? 
(Mrs. Surratt raised her veil.) A. Yes. 

Cross-examined by Mr. Aiken.— Ci, Did you examine 
a bag taken from Mrs. .Surratt's house? A. I louud a 
bag there, but did not .s;e it e.xaniined. 

Q. Did you find any photoerraphs there? A. I did, a 
number of them. 

Q. Of what persons? A. 'Various persons; it is im- 
possible to tell wl:o they were. 

Q. Did you find a photograph in that house of Jeff. 
Davis or j^le.xauder H. Stevens? A. I do not remem- 
ber 

d. Are you aware or not that it is a common thing 
for photographers and keepers of book shops lo ad- 
vertise and sell photographs of the leaders of the 
Rebellion? A, 1 am not; I have not given such matters 
my attehtion. 

Q. Have you not seen such things? A. I cannot say 
that I have 

Q. Have .you not seen these photographs in the pos- 
session of persons supposed to be loyal? A. Yes, a 
great many, but only those who obtained them since 
the trial. 

Q. Are you not aware that it is a common thing for 
the photograpiis of eminent actors to be published 
and scattered broadcast over the land? A. I am, of 
dhifneut actors. 

Q. State distinctly where these photographs were 
found? A. They were found in Mrs. Surratt's house; 
some of them were found in a photographic album 
lying on the mantelpiece in the front parlor: there 
were pictures of different people, with whom I had no 
acquaintance at all. 

Q. What was transpiring in the house at the 
time Mrs. Surratt made the assertion yon speak 
of in regard to her knowledge of Payne? A". The man 
Payne had just come in at the frontdoor; I was ques- 
tioning him at the time in regard to what his profes- 
sion was, if he had any, and what business he had at 
that house at that time of night? 

Q. How was Payne dressed that night? A. He had 
on a grey coat, black pants, and a rather fine pair of 
boots; he had on his head what seemed lo be a grey 
worsted shirt sleeve, which was hanging over one 
side. 

Q. Were his pantaloons tucked into his boots? A. 
They were rolled up over the top of one leg only 

Q. He did not slril^e you at the time as being a gen- 
tleman from his appearance, did he? A, Mot particu- 
larly so. 

Q. His appearance was not ii»any wise geateel, was 
It? A. Not at all. 

Q. Are j'ouoi'the opinion that any one would recog- 
nize a person in that garb, as the same persun he had 
seen before dressed as a gentleman? A. I certainly am, 
(A dirty grey v;orste<l knit shirt sleeve was here pro- 
duced, and identified by witness as the one Payae wore 
on his head the night of his arrest.) 

Q. What remark did you make to Mrs. Surratt as 
you were leaving the house? A. I made none. 

Q. Did you say anything to her about being ready? 
A. I said notliingatall; I saidgetready. 

Q. Whai was iTer attitude at tnat time? A. She was 
seated at a chair in the front parlor. 

Q. Was she not kneeling? A. She was not. 

Q. Who was present at the time of the asseveration 
she made that she did not know Pavne? A. Cajitaiu 
Wernieand Kirsch, subordinates in the Department. 

Q. Was that all the remark she made to vou about 
Payne? A. That was all the remark she made in my 
hearing. 

Q. Mrs. Surratt did not attempt to evade the ques- 
tion you asked her, did she? A. No, her answer was 
direct. 

Q. Was it light in her hall at the time? A. Yes, very, 
light; the gas was turned on lull head. 

Q. Did Mrs. Surratt express any surprise or deep 
feeling at her arrest ? A. No sir: she did not ask even 
for what she was arrested; she expressed no surprise or 
feeling at alL 

CJ, How many persons were arrested together ? A. 
Mrs. Surratt, Miss Surratt, Miss Fitzpatrick, and Miss 
Jenkins. 

Q- Was there no inquiry made of you as to the cause 
of the arrest? A. None whatever; when I came there 
I went up the steps and rang the bell; Mrs, Surratt 
opened the window audsuid "Is thatyou, Kiibv? " the 



reply was that it was not Kirbv, but open the door, 
she opened the door: I came into the hall and saJii 
•Are you Mrs. Surratt?" slic replied"! am;" "the 
widow of .loiui IL Surratt?'' I added, " and t'u- 
molherof John H. Surratt, Jr.?" she rei/lied "lam;" 
I Said "I havecome tu arrest vou, and am in your 
house and takeyou to General j\ugur'.sfbr e.xamin.i- 
tion:" la large grey dirty sack coat was produced and 
identified by witness iis worn by PayuB the night of 
his arrest, j 

Q. How do you know that coat to be the one Pavne 
had or.? A. liy the way any one would recogniau such 
an article. Iroiu memory, 

Q,. Wliat murks about It do you recognize? A. The 
color and general luok o( the coat. 

Q. Are you sure the coat he had on was not what is 
called Conlederale grey? A- I am very sure, as 1 said 
belore, this isthecoat. 

Q. Then are you certain it was not a Confederate 
grey cuat Payne had on when you arrested him? A. 
1 have said I am certain this is the coat. 

Q. Will you answer myquestion? A. I have already 
testified on that point, and I do not know whether J 
am called upon to testify three or four times. 

Aiiothercoat, smaller, cleaner and a brighter grev, 
was produced. 

Witness.— That is the coat, sir: I recognize it by the 
buttons; that was all that was wanting in the other 
coat; it was hard in the light in which 1 was standing 
to tell. 

By Mr. Aiken.— Q. If you should see a gentleman 
dressed in black with a vi'liite iieckclutli presenting 
himseltas aBaptist preaelier. and two months after 
you were to see this same, man dre.ssed as you have 
described Payne to be with adirty shirt sleeve on hi.s 
head, a pickaxe in his hand and his pantaloons stull'ed 
into his boots, presenting liiniselfasalaborer, doy.iu 
think you would immediately reeOLjnize him asilie 
sameper.son? A. If I was very familiar with his coun- 
tenance 1 should. 

Q. You could recollect that, but you oould not recol- 
lect acoat you had only seen a sliort time before, Dor 
distinguish it from another so <lill(,'rent in appearance 
as these<xre. A. It is ver.7 hard to remember, as any 
one may well know, the coior of a coat seen in tliH 
night time. 
Xestiinony of Snrg'eou-General Barnes. 

Examined by Judge Holt.— Q. Statewbether or not 
on the nieht of the Mth of April hvityou werecalie t 
to see Mr. Seward, Secretary ofatafe, and if so, iii 
what condition you found him? A. On the night of 
the Itth of April, within a few minutes of H o'clock, I 
went to Sir. Seivard's house: uiion reaching there I 
found the Secretary wounded in throe places, i^ndM.-. 
Frederick Seward insensible, and very badly wounded 
in the head: iherestoi the lamily I did not see, a.s 1 
was occupied with them. 

Q. Describe the wounds of each of the gentlemen? 
A. Mr. Seward was wounded byaga-sh in the riglit 
cheek, passingronud tlieangle of the Jaw; by astab in 
the right side of the neck, passing into the large muscle; 
and by astab ontheleltsideof the neck, ijussing into 
the body of the same muscle. Frederick Seward was 
suffering froniafracturHofthecrauium in two piace-; 
ho was bleeding profusely, almost pulseless, aud un- 
able to articulate. 

Q. How did the wound seem to have been inflicted 
on the head? A. By som blunt insrrument, such a- 
the butt of a pistol, a bludgeon, or something of thn 
kind. 

Q. What was the condition of Mr. Seward, .secretar.T 
of State, before that time? A. He wa.s progressiu-,' 
very favorablj'; he was recovering from a shock re- 
ceived ten days previously, andwuii getting along very 
well; his right arm had been broken close to thii 
shoulder, and his iaw fractured; but his most serious 
injury on the first'occasion was lr<'ni the concussion. 

CJ. Do you know whether a p:s)ilwas picked up in 
the chamber of Mr. Seward that iiiKht? A. Not while 
I wasthere,aud I haveiif V'jrsfH'n tl epistol. 

Q. Were the wounds of Mr. .Soward very dangerous 
in their character? A. Very dangerous aud he is 
still suffering from them. • 

Testimony of Thomas Price. 

Q, State to the Court whether or not on the 14th of 
-4.pril vou picked up somewhere i'l the vicinit.y of this 
cityacoat. A. Not on the i4th, J did on Sunday the 
IBtll. 

ti. Where ? A. On a piece of woods, between 
Bunker Hill and Fort Saratoga. 

Q. Would you recognize that coat again ? A. Yes 
sir; I think I would. 

Here two coats were handed to the witness, one of 
dark home-spun Confeder.ate grey, the other of a 
checked cream color, somewhat akin to the sha<le so 
often affected b.v gamblers. 

Q. Look at these two coats andsee if either is the one 
you picked up? A. This is the coat (holding np the 
lighter-colored one). 

Q. Did you discover any traces of blood on tha 
sleeve? A. Yes sir. 

O, .Show it to the Court? A. (Holding out the sleeve 
partlv turned inside out) There .sir. 

Q. ilow far from the city is the piece ofwoods where 
you licked it up? .^V, About three miles. 



70 



TRIAL OP THE ASSASSINS AT WASHINGTON. 



Q. Was it oa the other side of the Eastern branch? 
A. Or> the east side of the Easteru branch, I should 
think, sir. 

Q. On any road? A. there is a road runs from one 
rciad lo another through tbis piece of woods ,iLnd on 
the eastern side of this rosd I found this coal. * 

Q. Did I understand you to say that bloixl was upon 
it whenyoalouud ii? A. Yea sir; that's how I recog- 
nize it. 

Cross-examined by Mr. Doster.— Q. When did you 
find tliat? coal; state Ibe e.xact time? A. Sometime 
about 2 o'clock ou the IiTth of April. 

Q. Lying in the road? A. There is a kind of a path; 
1 should think it a road lor drawing- «ood: tliejrmss 
had grown over it, and on u turn that was in the road 
I lound the coat. 

Q. What direction is that from Washington City? 
A. There is a A-al ley runs in the direction of Ilarwood 
Hospital, and this strip of woods lies in tliat valley. 

Q. It is northeast, then? A. Yessir. 

Q. I understand the branch to run east from Wash- 
ington— was H east of that, on the other side of the 
branch? A. Xo, ou this side. 

Re-examination of I»?r. Ro«ch. 

Q. Were j'ou present when the prisoner, Payne, was 
searched? A. Yes sir. 

Q- Look at these articles and say whether all or any 
©f them were f( uiid upon bis person? (The witness 
identified tiiearticlosshownhim.c insistiii;rot aporket 
comb, a needleca.se. a tooth and hairbrush and other 
articles.) A. Yes sir, they wore handed by the pri- 
soner to Mr. Simpson, and Mr. Simp-son handed them 
tome. 

Q, That big man there is Payne? A. Y'essir, thafs 
theman. 

Q. All these artie'es were taken from the person of 
the prisoner? A. Y'es sir. 

Q. Do you recojrnizethese boots? A. Y'es sir, as rhose 
he had on wheupulled off in my presence. I noticed 
his socks were exceedincrly clean, and tied up in some- 
thing like Higtland fiishion. 

Teslimony ot §. A. Clark. 

Q. Look at these boots, and state if you discover any 
name written therein? A. I had these boots yester- 
day, and could discover writing in them. It had nearly 
disapiieared fium the eflect of the acid with which 
I brought it out. 

Q. Wliat wa-s it? A. It appeared to be J. W. Booth. 

Q. "VVas it perfectl.v distinct? A. No sir. tlie J. W. 
was distinct, but therest was obseure when I first re- 
ceived it: it was merely .a black mark; the w riting- was 
coverefjt. and I found it was onecoat of ink covered 
over aiiother, and I took olfonecoaiof theink. 

Q. You saj' the J. W. n-as distinct; wa-; iberestso 
obscure as to leave much doubt? A. Voty little doubt, 
but I can't speak positiTely of a thing in it^'.-if obscure. 

Q. What is your business? A. Printing and engrav- 
ing in tiie 'f reasur>- Department. 

Cross-examined by Mr.Doster.— You state yow had 
somedoubts a.sto the naniebeing Booth? A. I had 
doubtsas tothePorli, the lower part oJ' the B being 
less visible than theotliei-. 

Q. What process did yoa use? A. I took off" the 
upper coat with oxalic acid. 

Q. How did you separate the upper and lower coats? 
A. By using water as fast as the upper coat disap- 
peared under the acid 

Q. How was it made clear? A. At the moment the 
outer foat disaiipearsthe iunerone liegins to show. 

Q Did you have any idea what was the pmpose in 
giving the- boots to yo'u? A. No sir. 

Q. Whogave tliotn to you? A. Mr. Fields, Assistant 
Secretary of the Treasury. 

Q. Did he tell you who the boot was supposed to t»e- 
longto? A. Yessir. 

Q. And who had worn them? A. Y'es sir; MT.Puyno. 

Q. A''oii bad then an impression that it was your 
duty to discover some name upon them? A. I expecred 
to find the riameof Vayiie. but f followed out the let- 
ters until I dixovend '•'th"at tlieend. 

Q. Is it possible to restose that namebvanym eans? 
A. By none that I know. 

Q. But do yon think that, take it altogether, there is 
a reasonable doubt that it was tin- nanie-of . I. Wilkes 
Booth? A. I entertain very liitle doubt about it, 
though I can't swear positively to such a thing. 

Testimony of Mr. Jordan. 

Q. State whether or not you arc- associated with Mr. 
Clark ill the examination otthe name upon that boot, 
and if so, describe tlieprocess and the ri'snit? A.I 
v/as only requfstod to look at fTaftcr it li»l undergone 
what chemical action it was subjected to: I li okcd at 
the marks, and came to the conclusion that the name 
written then- was J. W. Booth. 

Q. Did you examine it through a glass? A. Y'essrr. 

Cross-examined by Mr. Doster.— (i. Did yon know 
who the boot came from? A. No sir: the Aa.sjstaiit 
^Secretary called me, and said I have something curi- 
ous to show J'OU. 

y. What day wxs that? A. Y'esterday. 

Q. Was the name distinctly legible? A. I don't think 
It was; a part of t!ie osMne was ifuite distinct. 

Q. What part of it? A. The first letter wils quite dis- 
tinct, the middle letter not so •much ao. and the third 



initial stiU less distinct, yet quite as clear in its 
cliara^ter. 

Q. Were the letters aft?r the B dim? A. No sir; I 
don't mean tosay they were distinct, tmtsuliicieutlv so 
to indicate what it was. 

Q. Now I will ask youw'hat yow thought that name 
was? A. 1 said I ihouglit it was the name of a very 
distinguished individual. 

(>. Are the gentlemen of the Treasnry Department in 
tlic ha')iS of receivintj boots in c-onnection with cri- 
minal trials? i(Tiie-JaughiiT that loJlowed this question 
prevented the answer being lieaid at the Reporter's 
desk,an(J we are obliged to leave the public unin- 
formed as to the habits of the Treasury in this parti- 
cular.) 

Q. Did Tou come to the conchision as -to what the 
name was before yon knew whose the boot was sup- 
posed to be? A . Y OS s ir. 

Testimony of :»Ir. 9Iar>h. 

Q. Iiook at that boot and state whether you made an 
examiuatioii ofitio ascertaii> whatnamewas wrilien 
there? A. It was shown to me bv Mr. Fields, thi- 'Vs- 
sistant Secret iry of the Treasury; I exaiuLuetl it and 
thoaghtlcouldmakeout at first the letters A. J. or I. 
tlun A. W. and l/i. as the last letters: then 1 tliought I 
made out a B. as a capital; that is all I could make out 
OQ a first examination: then I though*.! could make 
outth(? inters euitfg Jet tc re; I was not satisfied about 
them. but. about the B, and t/i I was. ^ 

Q. Didyou examine it Jhnjugh a glass? A. No sir. 

Q. In regard to those letters you meuliou, vou have 
nodonbtat all? A. No sir. 

Q. Ja thelnterveniugspacewas there room for one 
or two letters? A. For two or three, but that would 
depend ou how they were written; it was atiout half an 
inch. 

Ite-exKmination ol 'VTilliam IE. Wells, 
(Coilorcd,) 

The proceedings of the Court were here delayed by 
an order from Judge Holt to remove the fetters from 
the hands of Payiie, in oriie^ that he might put on 
both the coats already spoicen of in this record. 
A\'hen Payne was nafettered he rose, and there was a 
hush through the ct>urt. and every eye was direoied 
towi-j-dshiin and mingled expressions of adn^iration 
and abhorrence could he distinctly heard; abhorrence 
at his reaJ or supposed crime and admiration for 
his line physical development. His face slightlj' 
flushed andi hislips curled. An involuntary smile re- 
vealed; thediiniiles in hischeeks to which the Colored 
bciy hadalludi'd in hi.s previous testimony. He first 
put oi> thecoat of Couietterate gre.v and uver it drew 
the longer cream colored one. The hat was then 
bunded to him and he put it on, and turoiiig towards 
theyoung negro, bent his dark hlae eye sesirchingly 
upon him. 

Judge Holt then said to the boy —Do you recognize 
him now? A. Yes sir, but he bad a wbit<- collar on. 
and looked quite uiee, and be had one corner pf that 
hat over one eye. turned down like; 1 tell you his eyes 
iookec\ pretty tiery; here the boy shook his head as he 
added, •'Oh. iie knows me well enough:'' in spite of the 
solemn iniixirtauce of the words, the homely positive- 
ni ss 01 the boy evoked a laugh, to which Payne him- 
self repliedby a renewal of his o.d smile. 

Re-examination of Mr. Robinson. 

■While this witness was being l>'Oked for the Judge 
A<lvocate-Generalsaid, I wish this witness also to see 
the prisonerin liispresent dress, that he may give his 
ejiiuionas to whether it is thesamemaii or not. Hav- 
ing taken the stand Mr. Kobinson said he is more like 
llio jnaDtliau he was bclnre; I should think that he is, 
but yetl am not sure about it. 

(.^ Youdidn't stateprecisedy thehoor when thisstab- 
biiisr occurred, in your previous exanxi nation? A. It 
Was notjartrom lOo'clock. 

<.j. Was it before or al'Ler 10? A. T think it might be 
after. 

(>. Do yow know whether ihe pistol that was picked 
up liii-rewas h'adedor not? A. D. was loaUdd. 

<■).. Did you examine it? A. Yessir. 

?1 r. Dostcrhere asked that Miss Murray be recalled, 
tow liich the Court consented, in order that shemigUt 
hav<' an wpportunityofseeing Payne with the coat 
an<f hat on. It was found, however, that Mis-s Murray 
had left the Court-room. 

Testimony ol .Faeob Ksttei-spacii. 

Q. State whet her yon know !s.paiigler. the prisoner at 
the har?- A. Yessir. 

Q. Where dirt he board? A. Where I did, on t;.e 
corner of Seventh and ( i streets. 

ti. \Vhourrest(<i him? A. 1 do not know. 

Ci- AVhut is the name of the house? A. It has no 
name, and there is no nun.ber to it, 

Q. \V ho owiis if." A. Mr. Ford. 

Q. Who lives in that house? A. Mrs. Pcott. 

Q. Were vou present when he was arrostod? A. No 
sir. ■ _ 

U. Who oct:uiiied tlie room with him? A. He never 
slepttltcrv; he justgot bis nieals-iii th; house. 

ti. Had he no room in the house? A. No sir. 

Q. Did yoa see thcrope that was taken tiiere? A. No 
sir; I only knew he had a valiso there; he used to keef>« 



TRIAL OF THE ASSASSINS AT WASHINGTON. 



77 



It there, bnt the cletpctives came and a-keci if he had 
anything there, and I suiU. nothing but tho valiso. 

Q. Youkncw ic was siianslor's? A. Yes sir. 

Q When dill -he tako ic there? A. I dont know. 

Q. \Vhen d,<l yon give it to tho detectives? A. On 
Monday, the iTtll of Aiiril. ,. , ..^ , ,. ^ . , 

Q. Ain't yon commonly called "Jalce about the 
theatre? A. V'es sir. 
Testimony of Capt. W. M. WannorsUeroh. 

Q. State whetlier or not on the 16thof April yon were 
at the house of the prisoner, Mrs. burratt. in this city. 
A. Nosir; I was tlieroon tho ni'-:lit of tlic 17th. 

Q. Were yon present when she and Payne met? A. 
Iwas pveseht. . 

Q X)id you or did vou not hear Major Smith anaress 
any remark to her, or make any imjuiry of her 
in "regard to Payne? A. lie asked her if she know 
Pavne. 

Ci. Was she in the presence of Payne? A. She saw 

Q.'What did she sav? A. She held up her hands in 
thispositioii.andsaid, "Sohelpmeftod, I never saw 
him before, and I know nothitisrof him." 
• Q. Do you re:ii5iiizi^ Payue then as the man? A. 
That is the man yonder. 

Q. And is tliut woman there Mrs. Surratt? A. lean- 
not see her face. 

Assistant Judcce Advocate Brinffham then requested 
that Mrs.Snrrattbc asked to unveil hoe face, which 
had the verv natural ettect of attracting to it the gaze 
of every spectator in tlieliouse: but. like Payne, she 
met the plance of the witness unmoved, and when bo 
replied, "Ves-sir, that's Mrs. Surratt,'' coolly and 
Elowlv replaced her veil before her face. 

Cross-examined by Mr. Aiken.— Bid you make any 
search of the premises while there? A. I did. 

Q. What did vou find? A. I found a numli.-r of pho- 
tographs, papers, bullet moulds, and some percussion 
caps. 

Q. In which room did you find the percussion caps? 
A. In Mrs.Surratfs room, on the lower floor, and I 
also found tliere the bullet mould. 

Q. Were the caps lying loose about in the room? A. 
Thej were in one of (lie bureau drawers, and the bullet 
moind was on the top of the wardrobe. 

Q. Was this room on tho first floor? A. It was the 
back parlor on thefirst floor. 

Q. 'What was the photograph you found there? A. 
There were a number found there, but I don't know 
whose likenesses they were. 

Q. Did vou find any of Davis or Stephens there, 
orany of the Rebel leaders? A. Yes, but not exactly 
pliotographs: they were lithographs, caries de visite ia 
the same style as photographs. 

Q. Are vou aware that dealers expose these for sale 
throughout the country? A. I iiave f^een them in 
Baltimore eighteen months ago, but they were pro- 
hibited to be sold by the Commanding General at that 
time. 

Q. Have you not seen p'hotographs of the leaders of 
the Kebellion in the hands of persons known to be 
loyal? A. Not frequently. 

Q. Well did you oversee them? A. Perhaps I did. 

Q. Have yoii overseen phototrraphs of Booth in the 
hands of loyal nun? A. Only in the hands of those 
who took an interest in having him arrested. 

Q. Is it not a common thing for photographs of emi- 
nent actors to be exposed lor sale? A. I think it is. 

Q. Whereabouts wore you whenMi-s. Surratt made 
that observation? A. She was standing in the parlor 
near the hall door. 

Q. What remark did you make to her when yon were 
ready to take her from the house? A. Thenmark 
was made by Major .Smith: he hadsent foracab, and 
when he said he was ready to take her away, siie re- 
quested him to wait a while, and she knelt and prayed 
a little; she kncU douii, but whether she prayed or not I 
can't say. 

Q. How was Payne dressed when he came in? A, 
He was dressed in a dark coat, and panrs that seemed 
to be blacl-c; he had a close fitting head dress, appa- 
rently a shirt sleeve, or the lower part of a pair of 
draw'ers, closel.y fitting around his head, and hanging 
down on theside six or seven inches. 

Q. Is that the article? A. It looks very much like 
it: he was full cjf mnd to bis knees. 

Q. Do you t'linlc you co'nkl recognize the coathehad 
on if yoii should see it now? A. Y'es. 

Q,. Do you recognize it now? is that the coat? A. I 
think it was longer and darker. 

Payne's hat was then placed upon his head, and his 
overcoat renioved, and then the witness said, "That's 
the coat, and that's the way he had the head dress on.' 

Q. Are you sure you recognize the man.? A. Yes sir; 
that is the man. 

Ci. Do yon tliink if you should see a person dressed 
in genteel Uiirlc clothes, with a wliita cravat about his 
neck, looking like a Baptist Mhiister. and then see 
him three weeks after that covered with a shirt sleeve 
on his head and his pants thrust into his boots, you 
could recognize him as tho same? A, I declare I don't 
know how a Baptist Minister does look. 

Q. Y'ou think you would reccKjnizo a person in such 
a chau:-;e ol ,car!i in a dim gas light? A. If I were asked 
tolookatjiim and identify iiini I thiuk I wou.d; the 



prisoner had taken no particular pains to disguise 
himsL'lf; his face looked as it is now, and I would re- 
cuKuizo him if he put anoihercuat on and covered hiiu- 
si'lf with mud. 

<,i. Was there another remark raado to you by Mrs. 
Surratt, Willi relerenceto l\iyne ? A. Ko'sir; even the 
one mcnt ioned was net made to me. 

Q. Did you seea biack bagthero ? A. Yes sir, I havo 
seen it; it was not opened ill m.v presence; wo had no 
UK alls of opening it, and wo had it sent to the Provost 
Marshal's ofiico to bo opened there. 

Q. OQ-onr own knowledge do you know anything 
that was in it, ? A. No. sir. 

By Judge IColt.— You found the bullet moulds on the 
top of the wardrobe iu Mrs. fcjurrati's room? A. YeS 
sir. 

Q. When Bfrs. Surratt looked at Payne was there light 
enuugli lor lier toseo him ? A. Where he stood, that 
place was nutonly lighted by the hall light, butalso by 
the light I'roia the jiarlois. • 

By Mr. Aiken.— Q. Have you ever had any percus- 
sion cups in your possession? A. Yes sir. 

(i. llavex ou everhadany buUet-moulds? A. Idon't 
thinlc I ever had. 

(J. Isntitiicommon thing for people to keeiJ them 
in thesetimes? A. I don't know. 

Tcstainoiiy of ].,ieiit. fi. "W. Dempsey. 

Q. Did you ever see this picture before? (Tle'picture 
was a colored miniature reiireseuiing three lenialo 
figures, genierally staled Spring, fciiimmer and Au- 
tumn.) A. I saw ihatpicture inlhehouseof Mrs. buE- 
ratt, in tli^e Ijaek parlor. 

Q. Did J oil examine it? A. I did. 

ej. What did you find underneath, between the pic- 
ture and the buck? A. A likeness of J.«VVilkes Booth, 
a si'ie-lace view. 

a. Is that it? A. That is the same face, but the pic- 
tiuo I found was a side view. 

Objected to, but olijectiou not sustained. 

C'ross-e.xaniined by Mr. Aiken.— ti. Have j'ou ever 
been in the habit of seeling pictures of I!oolh,or the 
leaders of the Kebellion exposed? A. 1 was a [ir.soner 
in the youth fifteen months, and saw many ot the 
leaOers of the Rebellion personally iuid in iiictures. 

O. 1 mean in the loyal tiiates? A. "Very lew, sir, ex- 
cept in newspapers. 

U. In loyal newspapers? A. Once. I think, a picture 
of i)avi:5,as the former Secretary of War, in one of the 
ynnday papersin Xew York. 

U. Have you not seen pictures of eminent actors ex- 
posed lor sale? A. I am not a thi^alriral eharai tor and 
can't say that I have iiev(>r noticed it, but 1 have Seen 
pictures of Forrest and Macready. 
Rv-exaDiiinatioii of '%Viet. '^'. Ileif-Iiman. 

Q. Look at the prisoner, Payne, and state wliether 
you ever saw him dressed up with that coat on be;ore. 
A. Yes sir, when he last came to the house. 

Q. When lie remained three days? A. Yes sir. 

Q. . stale wlietheryou ever saw that vest before. A. 
Y'es sir: l;e also had a pair oi' boots. 

Q. State whetlier he wore a white cravat, or not. A. 
He wore a black cravat. 

Q. Did you ever know him to wear a white cravat? 
A. >'o sir; I never did. 

Cross-examined by Mr. Doster.—Q. All this happened 
when you were giving inl'ormatioii to tlie War Depart- 
ment, and on iutimate terms with Mrs. Surratt ai^d 
herfamily? A. Iwason iiuimaielenus foralime; it 
was on this occasion tliat Payne wi'iit to the theatre 
with surratt to see the play .(J f ./(tiv tiliorr; I indicateel 
my suspicions to Cleason at the time, and the very 
morning alter that tlie lior.sehack ride took place. 

U. I was asking you to fix the data, that's all. A. It 
was about the Itthof March; he came to the house on 
theevenmg of tho !.'',th und remained the're thel-ith, 
loth and lijth ; ontheisili he went to the ilieatre: ic 
was when i'orrest played there lour nights in that 
week. 

ByMr. Cox.— Q. So you fix the inth as the date ot 
thiit horseback ride? Yes sir ; to the best of my recol- 
lectiou. 

Tost Jjnony of Colonel M. Iff. Wells. 

Q. State to theCourt whether you had Payne in your 
custody on the liitli of April . A. Yessir. 

U. Stale whether you took his clothes off. A. Yes; 
I took his coat, pants, vest and all olf of him on board 
the monitor. 

ti. state whether he had a whiteshirt on. A. Y'es 
sir, and an undershirt minus one sleeve; there is a 
very distinct mark liv which they can be recognized; 
when I described to hiin hisstrnggle with Mr. Seward 
I said, "I shall find the blood here.'' and I found it on 
tho coat sleeve and also on I he shirt .si* eve. 

12. The whiteshirt? A. Yessiir. ('i i. en the witness 
took t he shirt. and said, there it is,].'. in ::ngt .iheb:oo.l 
stains.) 1 called his attention to it svnd sai.l, what do 
von sav now." aiiel he leaneei again.- 1 lhe;.ide ot tile 
boat aiid saieJ^othing; I also took Ironi liini the boots 
that have been shown in court, anel asked hiru where 
he got them; he said in Baltimort! and that l.eluid worn 
them thvoe months; I called his attention to ibe false- 
hood apparent from their bei;ig so liciio Vv;):n.:'.:uls< nt 
them to the- Treasury Dcpartnie:it to see ii'U was pso- 
sible to a-scertain wiiat the lime was. 



TRIAL OF THD- ASSASSINS AT WASHINGTON. 



Cross-osaminution by Mr. Boster.— Q. You saw the 
blood ou tlie CO t? A. Yes. on tbo sleeve. < 

U. On 1 ho outside? A. No, ou tbe inside, on the lin- 
in,' ol t!ie leitann. 

Q. D il you liireaten the prisoner at any time? A. 
No s,r. 

Q. I':d vou not toll him he wa« a liar? A. I think! 
did tell hlniS') several times; I culled li is attention to 
the bloi.ilon ihecoat and asked him how th£ blood 
came there, and he siid he did not know how n came 
ll)i:r^'. 

Q. How did you know it was blood? A. Because I 
saw it. 

Teslimony of :Wiss Blise (Colored.) 

Q. Stajo whoro you >)vo. A. AtBryantown. 

Q. J)n vtiu know IJr. 'Mudd? A. Yes sir. 

(i. How far docs helivelrom Bryaniown? A. Four 
mile.". 

Q. State whether ornot.pn the day after the Presi- 
dent was murd. -red, you saw him riding into Uryan- 
towu. A. Yes sir. 

Q. Atwhullioiir? \. It was in the evening, on a 
dark foscyclay; 1 ctiuldn't see the sun; it might be 
later thaiithrve or lour o'clock. 

Q. Was he alone? A. There was a gentleman with 
him wli. n he jiassed; they were on horsebacl^. 

Q. How far from town do you live? A. Not more 
than l;alf a mile; ihf v wont past my place. 

Q. llow l(jng belore Dr. aiudd returned? A. In a 
short time. 

. Q. How long alter that before you went into town 
your.S'-lf? A. Not more than eight or ten minutes. 

Q. Pid ynu find any soldiers? A. Yes sir. 

O. JJid you hear the murder spoken of then? A. 
Yea sir. • 

U. Was the other man with him? A. No sir. 

Q. Did vou ever hearwjio shot the President? A. 
No .sir; I did not; I only heard that he was shot, ftom 
persons talking. 

Cross-examined by Mr. .«tone.— Q. If he had come 
the. same road with Dr -Aindd would you not have seen 
him? A. I was not there all the time. 

<i. JTow long did iJr. Mudd -stay in town? .\. T didn't 
tliink he stayed more than a quarter of an hour. 

Q. C';\n you tell whellier the man with Dr. IMudd was 
an oM man era youKu'iMr.n? A. I could not .say. 

Q. What sort oi a horse had he? A. lie ai)j[)eared to 
bo u bay horse. 

Q. Had the soldiers been passing down there that 
day.' A. I didn't see auy till I went down town. 



Washinoton, May 20. 
The first witness examined to-day was Assistant Sec- 
retary of War Dana, as follows:— 

Testimony of Sir. C. A. Dana. 

Q. State what position you occupy In the Govern- 
ment. A. I am Assistant Secretary of War. 

Q, Look at the instrument before you, and state if 
j-oa have ever soon it before. A. I took it out of the 
oiVieeof Mr. Benjaruin, the Rebel Secretary of State, 
in liichmond: I arrived in Kichmond on Wednesday^ 
thectii, and went into his office, where this was found, 
and brought it awaj' with me, or rather, I sent Jt to 
M.ajor Kckert, of the War Department; I saw it was 
the key to an official cipher; there were many papers 
and things lying around there, and as this seemed to 
bo interesting. I took it away. 

Q. Did ycu lind it in a trunk? A. No sir; Benjamin's 
office consisted of a series of throe or four rooms (I 
think four), lienjamin's personal office being the inner- 
most of all; this w.is in the room next to his, occupied 
by hi.T confidential secretary or assistant; most of the 
articles had been taken away; the record had been 
taken .away, but 1 found several interesting documents, 
thl.s amongst them. 

By the Court.— Q. I should like to know the object of 
the instrument. A. It is a key to a cipher, by which 
certain loiters of the alphabet can bo used for other 
letters, and hy using these pointers such a cipher can 
be translated or plain writing turned into cipher by in- 
terpretation. 

Note.— The machine Is about a foot long and eight 
Inches hiph, and consists of a cylinder of wood, which 
has a paper envelope encircled with loiters. This 
cylinder revolves in pivot holes at each end, and a bar 
acro.ss the top contains wooden indices pointing down 
to the letters. 

Testimony of Major Kckert. 

Q. Look at that cipher, and state if it was found in 
the trunk <if J. Wilkes Jtoolh; compare It with this 
other cipbor of which Assistant .secretary Dana has 
Jnsl ?;;okcn. and state whether or not they uiq the 
sumc. A. Tiiey aru-thc same, sir. 



Q. You are somewhat familiar, are you not, with 
these things? A. Yes sir. 

U. You have no doubt as to these being the same? 
A. None at all, sir. 

Q. .State whether or notcipher despatches havefrom 
time to time fallen into the hands of the War Depart- 
ment, and boon referred to you for examination. A. 
They huvo. sir. 

Q. State whether thoy were the same cipher as this. 
A. Some f>f them werei sir, they were worked on the 
same principle. 

CJ. I spoak now of the despatches of the 15th and l?>th 
of October last: have you them now inyour possession? 
A. 1 have, sir. 

Q. Those are the translations? Yes sir. 

ii. Have you the originals? A. No sir: I have copies. 

Q. .State whether they ai e written in the same cipher 
of which you have spoken. A. I think they are: they 
may beditferent in the key word, but the principle is 
tho srinio. 

Q. Have you translated them ? A. The clerks have. 

(i. Wore t Noy worked out without any knowledge of 
this instrument at the time? A. Yes sir. 

Q. Are these translations of those desijatcljes ? A. 
Yes sir. 

The following were then read :— 

OcTOBEK Ki.— We again urge the immense necessity 
of our gaining immediate advantages: strain every 
nerve for victory. We now look upon the re-election 
of Lincoln inNoVemiier as almostcertain, and we need 
to whip hishirelin--;3 to prevent it. Besides, with Lin- 
coln re-elected, and his armies victorious, we need not 
hopeeven Ibr recognition, much less the help men- 
tioned in our last. Ilolcombe will explain this. Those 
fiiriires of the Yankee armies are correct to a unit Our 
friend shall ho immodiatel.v set to work as you direct. 

0(TOBER, 10, 1,SG4.— Your letter of thelSth instant is 
at hand. There is yet time enough to colonize many 
voters belore November. A blow will shortly be 
Ririeken here: it is not quite time. General Longstreet 
is to attack Sheridan without delay, and then move 
North as far as practicable toward unprotected points. 
Tills will be ni.ide instead of the movement before 
ni(>ntionod. He will endeavor to assist the Republi- 
cans in collecting their ballots. Be watchful and assist 
him. • 

(1. State whether the original was sent to its address. 
A. Yes sir. 

Q. From what direction did the cipher of the 13th 
come? A. It came from Canada, and went to Rich- 
mond. 

Q. Prom what direction did the cipher of the 19th 
come?' A. It came from Richmond and went to 
Canada. 

Testimony of General Hamilton. 

Q. State whethei* you are familiar with the hand- 
writing of U.S. Oldham. A. Yes sir; as familiar as I 
am with that of any man living. 

Q. tstate wluthor that (handing him a paper) is in 
his handwriiin? or not. A. Yes sir. 

The following is thepaper handed to tho witness:— 

Richmond, I^eb. 11, 18':o.— His E.xcelloncy Joll'erson 
Davis, President Confederate States of America:— 
When Senator Johnson and myself waited upon yon, 
some davs since, in relation to the jiroject of annoying 
andliarrassing the enemy by means of burning their 
shipping, towns, etc., etc., there were several remarks 
made bv vou ivpon the subject that I was not fully pre- 
pared to linswer, hut which, upon suhsequont confer- 
ence with the inirtles proposing tho oniorprise, I lind 
cannot apply as o' ijoctions to t he scheme. 

First. The combustible material consists of several 
preparations, and not one alone, and can he used witti- 
out exposing- the party using tliom to the least danger 
nfdetoelion whatever. The preparations are noi in 
thehands of !\Ir. Daniel, but are in the hands ot Pro- 
fessor Jlil'ulloiigli, and are Icnown but to him ard one 
other part v, as 1 under.stand it. 

•Second. There is no necessity for sending persons in 
the militarvscrvire into the<'nomy's country; but the 
work may be done by agents, and in most cases by 
persons ignorant of the lacts, and therefore innocent 
agents. 

I have seen enough of theefrects that can be pro- 
duced to satisfy me that in most cases, without any 
danger to the parues engaged, and in others hut very 
slight, we can:— 1. Durn every vRssel that leaves a 
Coreign port (or the United States. 2. We ran burn 
eveiv tran-port that loaves theliarborof New York 
or other Norilurn ports with supplies for the armies < f 
tho enemy in the South. 3 Durn every transport iind 
gun-boat on tho Mississippi Jliver, as well as devastat.' 
tho country and till his people with terror and con- 
sternation. 

1 am not .alonein thisoplnion.but manyothergentu- 
men areas fiillvand thonmchly ini|ires^ed with the 
conviction as lam. I believe we havetlio means at 
our command, if promptly appropriaied :iiul eiiergeti- 
cally applieil, to demoralize the Northern people in a 
■w-ry short time. For the purpose of satisfying your 
mind on the sublecf, I respectfully hut carneslly re- 

Iuest that von will have an interview with (ienond 
[;:rris, ferimrly a member of Con'^ro^s from Missouri, 
who, I thiuU, is able, by conclusive proofs, to convince 



TRIAL OF TUB ASSASSI^^S AT WASHINGTON. 



7J 



yu t:it\r. wiiat I have suggested 13 perfectly feasible 
and practicable. 

The deep interest I feel for the successor our cause 
ill tt!is.>;inicri.'le, T\i;!i t lie conviction of tlioiniportaiice 
01 iiv.iiliiisj'ourselvcs iTevcry element ol<_lciensi>, must 
b^' niv excnse fir writ inar you and request ins you to in- 
vito (ieneral Harris tosee you. If you sliould see pro- 
per to do so, please signity the time when it will be 
convenient ibr you to see him. 

I am. respectluUy, your obedient servant, . 

W. iS. OLDHAM. 

On the hack of the letter are the two indorsements, 
the lirst being "Hon. W. S. Oldham, Kichmond, Feb- 
ru:irv 12, ise.")." 

Q: state whether or not at the time of writing it he 
was a member of the Senate of the so-called Confede- 
rate States from Texas? A. I was present when he 
was elected by the Kebel Legislature of Texas to a seat 
ill the Senateof (he so-called Confederacy: since then 
1 know it as a matter of public liistoryj I have fe^n 
manv sjieeches. resolutions, and bills introduced toy 
him 'into that Senate, and published in the public 
prints. 

Q. You are a citizen of Texas, formerly a meipber of 
Congress liom there? A. Yes sir. 

CJ. 1)0 you know the McCuUogh mentioned In that 
letter? A. Xo sir. 

Testimony of Snr^eon-Geueral Barnes. 

Q. State to the Court whether or not you made an 
examination of the body of Bo't)th after his death? A. 
Yes sir. 

Q. Describe to the Court the scar which is alleged to 
have been on the neck and the general appearance.of 
the bod.v? A. On the leftside of the neck tliere was a 
scar, occasioned by an operation' perlormcd by Dr. 
May for the removal of a tumor; it looked like the scar 
from a burn rather than an incision. 

Q. How near the ear was it? A. Three inches below 
the ear. 

Testiunony of Frank Bloice. 

Q. Where do you live? A, In Charles county. 

Q. In the town or country? A. In the counti-y.sir. 

Q. How far from Bryantown* A. Abouthalf amile. 

Q. Were you thereon the Saturday after the mur- 
der? A. I was tliere on Saturday evening, about four 
o'clock: as near as I can come to the time it was be- 
tween three and lour. 

Q. Did you see Dr. Mudd there? A. Yes sir. 

0. What time do you think, that was? A. Between 
three and four, sir. 

Q. Where did you see him? A. He cameinto a store 
while I was there. 

Q. .State whether the soldiers had arrived from 
WashiiiEton then? A. 1 don't know, sir, whether they 
had or not. 

Q. Were you around about the town? A. I was in 
thf' store when he came in; I did not take much notice. 

Ci. What time did you leave the store? A. About 
just before ni;rht. 

Q,. When did he start? A. I didn't see him when he 
started; I did'nl take much notice of him. 

By tt.e Court.— Was the report of the President's as- 
assassinalion in Bryautown at that time? A. I don't 
know sir. 

Q. Did you hear it? A. No sir, I didn't hear until the 
roads were guar<led; that was a little before night. 

Q. You heard it before you left Bryautown? A. Oh, 
yes sir. 

Testimony of J. H. War«l. 

Q. State where you live? • A. Near Bryautown, 
Charles county. 

Q. .State whether you were there on the afternoon of 
tlieday f lUowingthe murder of the President? A. I 
was; I live in the suburbs of the village; I went so 
8oon as I finished my dinner, and arrived there 
aoout one o'clock ; and so soon as I arrived 
I observed the military were In town with Lieu- 
tenant IMurray, and perceived a great e.xcitement, 
not only with the military, but with the jjeopte 
and I imagined they were going to search the houses; 
asmy wife was alone I went home lest sho should be 
alarmed; a nigger came soon alterwards and said- 
Objected to. 

Witness.— I must e.-iplain the facts because I know 
builittle: Ileithiiuand went to the village: Lieute- 
nant Dana had put the village under martial law, 
and tne people were e.xcitcd aboot getting home 

Q. Did you see Dr. Mudd? A. Icun'tsay, the excite- 
ment wa^ so great; 1 can' t say I saw the Dr. 

ci. What is your opinion, to the best of vour recol- 
lection, about your having seen Dr, Mudd? A. I 
vvouid not like to say positively, but it *>ccurs tome 
Jrom lauit memory tj^at he was there; the excitfment 
has been so great ever since that time that 1 cannot 
say positively. 

a. You say the military were there and the people 
were much excited, and you returned home- how 
long did you remain at home? A. About three-qnar- 
ters ot an hour, ^ 

Q. Did you then hear of the assassination of the 
fresident.' A. \os, .sir. 

Q. Did you hear who the assa.ssin was? A. Yes sir 
liooth; .some gave him the name oJ Boose 



Q. Did you hear it everywhere spoken of? A. Yes, 
sir, at Bryanlown I did 

Q. What time do you suppose you heard it? A. It 
was. T t: ink, between one and two o'el"Ck- it was a 
cloudy day. and I never paid any particular attention, 
but I think it was one and two o'clock. 

Q. What time did you leave Bryautown? A. T could 
not give you the jirecise lime; it wasbctwccu twoand 
three o'clock that I lelt the second time: it was then i 
found the military, and in a few minutes tkey told ma 
that the Presideul had been assassinated, and I came 
back. 

Cj. Vousaysomesaid itwas Booth andsomosaid itwas 
Boose that was spoken by some soldiers with whom 
the English language was not conversant? A. They 
would call him Borth. Booths and Boose: those who 
couldspeakaudiblysaid it was Booth: those who had 
an amalgamation of the languages said itwas Booths. 

0. Where were you wlien vou first heard the Presi- 
dent was assassinated? A. A't home; I wanted to tell 
you it was throutrli the authority of the darkey. 

Q. Who wa-s the darkey? A. Charles Bloice, the 
tirother of the fellow whose testimony has just been 
taken. 

Q. Did you ask him who assassinated the President? 
A. I have no knowledge of asking him, and I think he 
never told me. 

Q. In what direction from the centre of the town do 
you live ? A. I live in the eastern direction, princi- 
pally in thesuburbs. 

Q. G 1 the road between Pine Town and Dr. Mudd ? 
A. I livecloseto the road leading to Bryautown. 

Q. My question is do you live near or on the road be- 
tween Bryautown and Dr.^lUudd's ? A. No sir. 

Q. Is it your impression that you saw Dr. Mudd in 
the town? A. My impression is if it be Dr. Bludd that 
I saw, I saw him get on his horse: but I could not swear 
that it was Dr. Mudd. 

Q. Did you see the face of this person? A. No sir 
not that I know of: but I oould tell him by a side or a 
back view. 

Q. Heow close were you to him? A. About ten or 
twenty yards, standing on the porch of the store. 

Q. You are only able to swear to a faint impression J 
A. Yes. sir. 

Q. What was the color of the horse this man was 
going to? A. I don't know. 

Q. Do you know the horse Dr. Mudd usually rides? 
A. I have seen him on a great many horsts. and there 
was a great many horses connected there; I have seen 
him ride a bay hoise. 

Q. Did you see Dr. Mudd when you first went into 
town? A. I think not. 

Q. Was it immediately on your arrival on the second 
time? A. Yes, sir. 

Q. Were you personally acquainted with Dr. Mudd ? 
A. I have been for two years and five months, before 
that I had no personal acquaintance with him. 

Testimony or ILieuienant I>ana. 

Q. State whether or not, on the day following the 
President's assassination, you were in pursuit of the 
assassins at Bryantown ? A. Yes sir. 

Q. State what hour you arrived there on that day? 
A. I sent an advance guard of four men. they arrived 
there twenty minutes "or half an hour beiore I did; I 
arrived there very near one o'clock that afternoon. 
Saturday artornoon. 

a. state whether, on your arrival, the news of the 
as.sassination was a^iread all around there? A. Yes sir. 

Q. Was there any person mentioned as the assassin? 
was J. Wilkes Booth? A. Yes sir, and some of the 
citizens askedtme if I knew ibr certain it was he: as 
early as a quarter past — o'clock it was known tliat 
the President was assassinated and who the assassin 
was. 

Q. Are you acquainted at all with the i^risoner at tne 
bar. Dr. Mudd? A. No sir. 

Q. Have you any knowledge whether you met him 
on that occasion? A. No sir. 

Testimony of Robert Bfelson (Colored). 

Q. Do you live in Washington? A. Yes sir; I did 
live in Virginia. 

Q. Look at that knife, and state whether yon found 
it in the street, and if so, when and where? A. It looks 
like the one I found opposite to Secretar.v Seward's, 

Q. When did you find it there? A. The Saturday 
morning after the Secretary was stabbed. 

Q. Did you find it on the pavement or in the middle 
ofthestreet? A. In the middle of the street. 

Q, Who did you give it to? A. Dr. Wilson. 

Cross-examination.- Q. You say it was the same 
one? A. I said it was one like it. 

Q. It was not in a sheath? A. No, if was not In a 
sheath at all. 

Q. Was it in the street or the gutter? A. It was in 
the middle of the street. 

Q. Right in front of the door? A. Yes sir. 

Q. What time of day was it? A. Early in the morn- 
ing; I was going to market; it was about five or six, I 
think. * 

Testimony of Dr. TTilson. 

Q. Doctor. look at that knife and state whether or 
not it is the knife you received from any one? A. Thid 



80 



TRIAL OF THE ASSASSINS AT WASHINGTON. 



is tbe knife I rei'eived from the colored boy, just eotne 
from the staud, on Saturday, about ten o'cloct in 
tlie day. 

Q. On the loth of April? A. Yes sir. 

Q. Where did he give it to you? A. In the library of 
31 r. Seward; in the Seward library; he brought it in 
the door and handed it to me. 

Testimony of Colonel .T. B. Stewart. 

Q. State to the Court whetlier or not you were at 
Fords Theatre on the night of the assussiuation. A. 
"^■■('Ssir. I was. 

Q. Did yon see the assassin jump from the box ? A. 
I did.at about II) 5 o'clocic: I was sittinij in tlie front 
chair near th» orchestra, on the right hand side: there 
are twoaisles to the orchestra, and my side was on tbe 
corner, on the let liand. right under and bringing mc 
immediately n(>xt to the niu<ic stand; at the report of 
the pistol X was startled: I was speakins to my si.s- 
ter. my head being turned tj the leit: I glanced 
back to the stage : an e.^flamation \va.s 
made and a mian leaped from the I'resldent's bo.x, 
lighting on tbe stage. He came down with his back 
sliglitly towards the andience, but as he was rising his 
face came fully in view: 1 rase and at;empted loleap 
on thestage; i luudetwo or three steps on the railing 
to theright after aiighlmg'from wher" I sat and keep- 
Ingmv attention on the man who had alighted upon tlie 
stage and who h:(d jumped from the Piesideni's box; 
when I reached the stage, on looking to the 
left I perceivi d he had disappeared on the leit 
hand egress; I e.xclaimed 'stop that man," and 
then went past the length of the stage, and 
turning to the right, was at a distance of, twenty 
feet from the door; buf the door was slammed 
to. I ran and got to the aoor very quick, but oncom- 
ing to the door I swung it the wrong way, but I 
remedied that and passed out ; as I approached the 
door after I "had last said, stop that man. some 
one said he has gone on a horse, and I heard the 
tramping of a horse; when I got out the door, 
I perceived a man mouiitiug a liorse ; he was at 
that instant barely mounted: the moon was just be- 
ginning to rise, and I could see him better; the horse 
'wasmovingas though prematurely spurred in mount- 
ing; Iran in the direction to which tlie horse was 
headinj, at about eight or ten feet from the he.id of tbe 
horse, and the rider brought h;ni around to theright 
again: the horse's feet were rattling violently on the 
stones: I crossed in the same direction, and was now 
on the ri-;ht hand.«ide ol the horse, but he wasgainiug 
on me: when about two-thirds of the way out of the 
alley i;e brought the horse forward and swept to tiie 
leit of F street: I commanded him to slop: it all occu- 
pied but two seconds. 

Q. You found the door closed; did you see anybody 
abo'jt the door? A. I did. 

Q. One or more persons? A. I passed several in the 
passage, one or two men, perhaps five persons allo- 
gethen but near the door, on the right hand side, I 
passed a person standing, who seemed in the act of 
turning; I noticed everything: my mind is impressed 
with all that occurred, and I saw a person there who 
didn't seem to be moving about. 

Q. Look at the prisoners aud see if you recognize the 
man. A. I see ijut one face that would recall him to 
mv mind. 

Q. Which one? A. That one. 

By the Court. —Stand up, Spangler. "Witness.— That 
one" looks mure Ifke the man than any other there. 
Q. Describe his appearance. 

Mr. Stewart here placed himself in an attitude, in 
orderto show the Court the position in which he had 
seen the man, which wa."^ a three-fourths view. 

Witness.— I didn't observe so far as to have a clear 
impression of his visage: he was turning from the door 
towards me. 

Cross-e.icamination.— Q. Was it the passage way be- 
tween the scene and the green-roora. about two and a 
half feet in width, through wliich Booth ran? A. I 
don't know where the green-room is; I never was 
there, but if I had apian of the building I could point 
it out. 

Assistant Judge Advocate Burnett then handed to 
Mr. Stewart a plan of the theatre by which he ex- 
plained the route-taken by Booth and by himself, and 
on which ho marked the spot where he had seen the 
man alluded to in the latter part of his examination in 
chief. 

Q. When you got out of the door the person was just 
rising into his saddle? A. Ilewasin hissaddleleainng 
forward; his ie.t foot apparently was in thestirrup: he 
wa.s leaning to« he lel'i; the horso was leaving the w-alk 
ill a sort of ni it ion mnkinKiipparently a cirilo: he was 
SunicitDtlvnuiiintedtoro with tin- hoisewiUmntbeing 
unbalanced: hi; wa.s gitting Ihe horse under control for 
a. forward movement. [ 

Q. Yiuj'ould not say then that he had jtist got Info 
thesaddle? A. Hewas balancing himself in tne sad- 
dle; I would lorm an oi>iui<)n lron> his position aud 
the motion of hi.s horse that the momeni ho got hi.s- 
foot into one sta-rup he started the h'lrse, who having 
the rein drawn on one sidp more tli.irr the or^icrdid I 
rot at once make a straightlonvard ruovemeut. | 

By .ludce Holt.— Q. 1 understood yon to say that 
all the persons you met with in the passage as you I 



approached exhibited great excitement, e.xcei t this 
particular man? A. Every person that came under 
mynoiice in the brief spaceof notovertwo orthree 
seconds as I ran throngh tiie stage toward the door 
were greatly agitated, and seemed literally be- 
wildered, except the person near the door, who did 
not seem to be under the same excitement. 

By Mr. Kwing.— Q. Itow long did it take you after 
entering that pa.s-5,-\ge to get to the door? A. lean 
hardly time myseli; 1 was running as hard as 1 could, 
and was only obstructed by passing these persons; it 
seemed to me about as quick as you would count one, 
two. thne, lour, five, from the report of t he jpistol until 
I reached the door; I knew the discharge o: the pistol 
waseither by accident or design, and that it was by 
design was solved by the man jumping on thest.ige; 
my impression was when he came Irom the Presi- 
dent's box that the President had been assas-^inated; I 
was somuch under that impression that though I had 
not heard a word alter the person on thelmrsehad 
gone oir, I informed the people in the alley there tuac 
the person who went off on that horse had shot the 
President. 

Q. You say j'ou saw orly the profile of this person iu 
the pilssage? A. The profile and full face as he passed 
round. 

By Judge Holt.- Q. Did you recognize Booth when 
you saw him on the Stage? A. Oh, yes; aftfr I went 
out and returned I took my family home, and imme- 
diately ran down the street towards the house of .■sec- 
retary Stanton, but finding persons had been there, I 
tunifd and went rapidly back to the police station; 
louiid Captain Richanls, Superintendent of Police; 
gave him my name and what information I had. and 
saiih to himlthouchtlknewwhoit w;is:I had known 
Booth before by sight: some two years be. ore: I was 
introduced to him one evening at the Metropol;t:;n 
Hotel: then I had seen him on the stage, but I noticed 
him more during the-past winter at the hotel: X was 
two evenings with some ladies at a hop at theXalion-1 
Hotel, aud noticed this gentleman leisurel.v moving 
about the parlor: every person except the one I have 
mentioned, seemed to be perfectly bewildered on the 
stage; I felt very much vexed at his getting away. 

By the Court. —How long was it after you heard the 
door slam until you saw this man balanciu<; himself in 
the saddle? A. Xot more than while I was making 
two steps. 

Q. Are you satisfied that the door was closed by some 
otlier person than the one who went out of the door? 
A. I could no; possibly be satisfied of that: there was 
nothing to preclude tiie possibility that the door was 
closed by Booth himself. 

Q. Are you satisfied that the person you saw inside 
the door was in a position, had he been so disposed, to 
have interrupted the exit of Booth? A. Beyohd a 
doubt he was. 

Q. From his manner, he was cool enough to have 
done it? A. lie showed no agitation like she otherpeu 
pie did. 

By Mr. Ewing.— Q. Were not the other persons you 
have spoken -of also in a position to have inurrupted 
the exit of Booth? A. O yes. at least at the mouieat I 
saw them every person I met could have ohstraoted 
my motion, except oue person, who was three or live 
feet oti'to the right: that was the person 1 described 
who seemed to be passing otr. 

Q. Then the person you speak of nearest the door 
was in no betterposition to haveobstructed thepassage 
of Booth than any of the others, so far as you know? 
A.'^'one whatever." 

By the Court.— Q. Could this man nearest the door 
have opened it and gone out before you went out? A. 
Yes, the door was immediately within the control of 
the tjerson who stood there. 

Bv Mr. Ewing.— 11. Do yonknow whether any person 
on thest'age. or in thei>assageas you wiut out. knew 
thattheassassination had been cominittcd? A. lean- 
not saythat; thevacted very much likepeople as- 
toiinde"d at something that had just occurred. 

Testimony of Kobort A. Campbell. 

Kxamined by Judge Holt.— Q. State where you re- 
sid.^' A. Montreal, Canada. 

o. Are vou or not connected with the Ontario Bank 
of hiatciiV'' -■^- I am, as first teller. 

Q. Look upon that account, and state whether or not 
it is a correct abstract from the books of that bank? 
A It is; I examined it before I came away. 

(.i What is it? A. It is theaccount of Jacob Thomp- 
son with the tJntarlo Bank, Montreal. 

U State on what d:iv the account continences? A. 
The account commence* May :iiith, lSiJ4: prit r t > that 
however, he lift, sterhng exchange, dr.iwn on tiie 
Kcbel agents at Liverpool or London for collection: as 
soon as agents advLsed us of the bills being paid, titf 
proceeds were placed to his credit; the fii-si advices we 
had was May :;0, aud two thousand pounds sterling 
was (he amount. , ,. . ,„i, 

Q. state when the account closed? A. The account 
dosed April }1. ISci.-;. , ,.^ ^ ^^ 

t> stale tlu- airgregate amount of credit and. theag- 
greg:i;<*amount d.r2"A-n? A. The aggregate amount of 
credit was J«,;is7,;t;'.J; there is now a balance due him or 
about ?17S-3t>. .^ ,, . ,„ 

Q. lias he drawn lately to any considerable extent? 



TRIAL OF THE ASSASSINS AT WASHINGTON. 



81 



A. Hp h:'.s dr<i-m ?:imi.diiO vciy nPiiHv sincp Jrarch 1: 
li(> bryu<z!it ill <,ne time ?i(iii.(«K) in stei-:ii!K cvxchancp. 

Q. Stati' tiie iiininint drnwii out b'tween tlie island 
liuij of April? A. Tlic (irst «>ntry in -Vpi;! isnnthe 
4tl).a very small chcclr cf JiWt; tlicre is a deposit re- 
ceipt uikUt dat ? of <ith of April, of ifl^i ,11111 which was 
to be paid wlieii nrostnted; on the Sth 01' April lie piir- 
ciiaseJ 441 pounds KtcTliiv^ exchan'Jie, and also 4000 
poundssterln ron tli"same date: on the 24th of March 
he purchased $10 i.iiO istprlins. 

Q. Yoii k;io\v Jacob Thompson personally? A. Yes, 
I know liini. 

Q, Blatp whetlipr or not since the 14th of Aprilla'it 
he lie? left >ronire:il? A. He has; I heard him say 
myse'iJ' he w.is ijoina: away, and I know he hus not 
been seen in the bank lately: «no of tlie last transac 
tior.s wai !■. <-heck given to a hotel keejier for, as I sup- 
posed, board: lif said he was going overland to Hali- 
fax, e» roule to Europe. 

Q. Can you fix the date of that? A. I could not; 
since tnen he has disappeared from Moi^treal. 

Q. How lon^'was this before naviifation opened? A. 
I think about two weeks; 1 know I thought it stransje 
he was goin? overland, when by waiting two weeks 
he could havo taken a steamer. 

Q. He was known and reeogrnized as the asrent of the 



Jacob Thompson: we did not. know what.lu* was; by 
uewspapcr report be was the financial asent of the 
Kebels: we knew that he boughtSmithern sterling ex- 
change billson their a<rents in theold country; apart 
of the time he resided in Upper Canada, and a part 01 
the time in Montreal. 

Q. Have you known him to be connected with other 
money tran-actions with other banks in Canada? A. 
Oh, yes: I knew of one transaction of fifty thousand 
with Niasara Distr.ct Bank, at f^t. Catharines: that 
was a check drawn to the order of Mr. C. C. Clay, and 
deposited by him in Niagara District Bank; that bank 
sent it to us, and we put it to their credit; the date of 
that was August 16th, isfi4. 

Q. Did you know J. Wilkes Booth, the actor ? A. I 
did: I had one or two transactions with him. 

Q. Howolten did you see him in Canada? A. I 
could not say, I may have seen him a dozen times; I 
remember distinctly seeing him there. 

Q. Did he have a small account at your bank? A. 
Yes he has still to his credit four hundred and odd dol- 
lar.;. 

Q. Have you any knowledge how that credit arose ? 
A. It was from a deposit that did not go through my 
hands, but through the hands of another receiving tel- 
ler. Thp?noniorandiim says check drawn on BI'T- 
Chauts' Bank by Davis, 22-") and ten iwenty-doiiar bills 

Q. Who was Davis, the person referred to as drawing 
thecheck? A. Hewas a broker in M<intreal,and lam 
not sure whether he was introducfd by Davis, or by T. 
C. Martin from the States, somewliere from Richmond 
or BaUimnre; when Booth came into the bank he pur- 
chased a bill of exchange for sixty-one pounds and some 
odd shillings; hesaid he was going. to run the block- 
ade: he asked Hvhetlier in case liefshohld be captured 
his captors could make use of the exchange: I said no, 
not unless he indorsed the bill: he then said he would 
take three hundred dollars' worth, tor which I think 
he paid American gold; these are the only two trans- 
actions he had with us. 

Q. Look at these bills of exchange taken from the 
body of Booth and say whether thaee are the ones j'ou 
refer to. .A.. They are Ontario Barik bills; there is no 
doubt about that. 

Q. State whether or not these drafts were intended 
Itr use in the States or for geiwral disbursement? A. 
We can never tell that; we never ask our customers 
any qnestions: checks are generally made payable to 
bearer, but in certain instances the word "bearer" is 
scored out and 'order" put over; Mr, Thompson, be- 
sides these sterling exchange transactions, has bought 
froin us several times United States currency (green- 
backs). , 

Q. In large .sums? A. He boneht on August 25th 
fifteen thousand dollars in greenbacks; July l4th. thir- 
teen thousand one hundred and twentv-!our dollars: 
that was the amount in gold; I could not say what was 
tlie amount in feieenoacks; at that time I think ex- 
change was about iifty-tive. 

Q. Did any of these transactions occur during the 
past spring? A. On the 14th of March he boughtone 
thousand dollai-s at 44'.,, for which he paid five hun- 
dred and fifty-three dollars in gold; he bougnt several 
dra.'ts in New York. 

The Judge Advocate-General stated that there was 
oniy one other witness he desired to examine to-day. 
He was a very important witness; but for the same 
reasons statf d in another instance, it was not desirable 
that his examination should bepublia 

The Court w;is thereupon cleared, and the remainder 
of its deliberations for the day were ia secret session. 



By Judge Bingbam.-Q. State where you resided 
during the month of March last. A. I resided at the 
house of Mrs. Surratt, the lady who is at the bar. 

Q. State whetherduring the time of your residence 
at her house hist winter you saw John 11. .Surratt and 
other men ia company with hiui there. A. I saw 
Jolin Surratt. 

Q. Whatothcr mencameduring the time vou stayed 
there last winter? A. 1 saw John Wilkes Booth, and I 
saw two ol the prisoners at the bar. 

Which two? A. T saw Mr. Atzeroth and Mr. Wood 
(pointing to Payne.) 

Q. Did you know him by any other name? A. I did 
not know him by aiiv otlier name. 

Q. How often <lid"you st-e this Wood at the house? 
A. I never saw him there except twice. 

Q. \\ hen was that? A. Ido not know exactlv about 
tho time; 1 saw him there once, 1 think, in March. 

U. Howolten did you seeAtzeroth there? A. He 
did not stay at the house at any time. 

Q. Did you sceJilm there several times? A. Hewaa 
there a short lime. 

Q. Did you understand whether he stayed there over 
night once? A. He did. 

U. Look at the other prisoners at the bar. and say if 



Confederate States? A. His account w.assim)ilv with [■you haveseen any oneofthem atMrs.Surrall'.'^ house: 

... . have you trOpntheonestandiiiginthecorner(Harold)? 

A. I do not know; I never saw the man. 

Q. State whether you, in coinpanv with John Surratt 
and this man Wood, visited Ford's Theatre one uight 
in March last?.. A. Yes. 

Q, Did yon occuiiy a box in that theatre? A. Yes. 

Q. Which box there did you occupy? A. I do not 
know; 1 did not pay any attention on which side it 
was. 

Q. Was it the upper or lower box? A. I think it was 
the upper. 

Q. State whether John Wilkes Booth came into that 
box that uight while you, Wood and Surratt were ia 
there? A. Yes. 

Q. What lady accompanied you? A.MissDeane. 

Q. Whendidyou Itave Mrs. Siirratt's house? A. I 
went to Baltimore on the si.x o'clock train, the day 
after we were at the theatre. 

Q. How long were you absent? A'. I was absent 
about a week. 

By the Court.— Q. Do you recollect whether, on en- 
tering the theatre, you turned to the rigiit or left to go 
to the bo.x you occupied? A. I do not recollect which 
side. 

The hour of one having arrived the Court took the 
usu.U recess for an hour. 

After the recess, the Court took the 

Testimony of Captain Dougherty. 

Q. State whether or not you had command of a de- 
tachment of cavalry sent in pursuit of the assassin of 
the President, J. W. Booth. A. I had. 

O- The circumstances ot the capture haveheen fully 
detailed by other-witnesses: I will ask wiiat part, 
if any, you took- in the capture of Harold, and if 
any, «tate all hesaid on that occasion. A. There was 
considerable parley in reference to the arms he was 
supposed to have while he remained in Garrett's barn; 
we had agood deal of conversation witli Booth'about 
his coming out: Booth at first denied there was auy- 
body else in the barn: linally hesaid "C'aiitain there is 
a man here who wants tosurrenderawtiil bad;" Baker, 
one ol the detectives, who was tliere, said to me "tell 
him to hand out-- his arms and come out:" I re- 
peated the direction to him, Harold, who was by the 
door, said, "I have no arms;'' Baker said. "We know 
exactly what you've got:" 1 remarked to Bakei', 
"You'd better let them come out;" Baker said, "Wait 
till Conger comes:" 1 said "Ko,"' and aililiessing-the 
man at the door, said. "(Jpen that door and I will take 
that man out myself:" the door w:us p.utially opened; 
Harold jiiit f)Ut hishaiuls. and 1 took hold oi them and 
pulled him out: I put my rev(jiver uii lir my arm and 
turned him around to see if he had aiiv arms: he had 
none; 1 a>ked him if he had any [laiK-r-; 4ie said ".Vo- 
thing but this,'' pulling out a piece of ma;.) from his 
pocket: 1 took him hack ashortdisL.iucofrom thedoor, 
and just at that tiiiii' the shot was mid and the door 
thrown opon: 1 dra;;i:('d him into tlie barn where Boottf 
had fallen on the ground: the soMii';-> am} •lcte;lves 
who were there came in and brought Jloolh ou'; 1 look 
ch.irue of Harold: when 1 had bromhl him ont^^-ide 
again he said. "Let me go, 1 will not leave, 1 will not 
go away;" said I, "Ko sir;'' said he, "Who has been 
shot in the barn?" said f, -'You know wh.) it is:'' be 
said "I do not;" he tolil me his name was Boyd; 
said I. "His name is Booth, and you know it;" 
he said, "No, ho did ncjt:" I had him tied by 
his hands to a tree about two yards from where 
Booth had been carried to the verandah at 
thehouse and ke)it him cl.ere \intil we were read.v to 
return: Booth, in the meant;m«, died; I sewed hifa 
up in a blaniiet. having previously sent some cavalry- 
men )ora<loctor: I got a negro who lives about halt a 

WaSiiinoto>i Mav 22.— The Conrt after the readiu"- ™'''' ''"'" there, with a ivagon, put the body on bo.ard, 
v\ AsHIN^.TO^r,M.ayz^. i ne court, alter toe reaain, and started lor Belle riaiu, whore a boat was waiting. 

of the evidence of .Saturday, proceeded to take the q. w'here did Harold say be had met with this man? 

testimony of Miss Honora Fitzpatrick. as follows:— j A. He told me he met him about seven miles from 



82 



TRIAL OP THE ASSASSIXS AT WASHINGTON. 



\V;tshi- gton. by accident ; I think he said between 11 
ajjtl 12o'clock on the night of Hie murder. 

Q. Did lie persist ill saying heilid not know Booth at 
all? A. lie lirst h-aii hediil not know him, that be, 
Booth. said hisnanv* was Iloyd. 

Q. Did lie state where t hoy went after they had met 
in Maryland? A. Iletold nie that they went to Mat- 
thias Point and crdssed iliore. 

Q. Did he iiieniion the hoiisps they stopped at on the 
way? A. iS'ot to my knowledge: tiie house of I)r. 
istewart was mi-nlioned: whether he said so or not, I 
do not distinctly recollect. 

Cros.s-e.\amiiied by Mr. Stone.— Q. Did you hear 
Booth say nnythin? abuut Harold's innocence? A. 
Booth said lliill he was the only gtiiltv man, or words 
to that e.Tect. 

Q. llaiold made no resistance at all? A. While 
coming lioine liesald his feet were sore, and that he 
could not walk: I mounted bim ou a horse and tied 
him. 

By >rr. C:impbell.— Q. Did not Booth remark that 
this m;iii wai innocent? Was not this his e.\pression? 
A. It was to iliat eMect: I cannot swear that they were 
the e.\act words he used. 

Testimony of Wni. E. Cleaver. 

By Judge ITolt.— Q. Slate your residence andocoupa- 
tion. A. I keep a li%-ery stable ou Sixth street in this 
city. 

Q. State whether or not J. Wilkes Booth at any time 
kept a horse or horses in your stable. A. He did in 
January last. 

Q. Can yon describe any of the animals he kept 
there? A. Yes; a one-eyed bay horse was there about 
one month. 

Q. Wliy was he taken away? A. He sold the horse 
on the ;{iitli ol January to fciamuel Arnold, one of the 
prisoners at the bar. 

Q. Did you see the horse afterwards? A. I saw the 
hoK-eadayor two afterwards, when Arnold paid lor 
the livery "and took him away. 

Q. Do you know anything. about the terms or cir- 
cumstan'-'usof tliesale? A. I only know tuat Booth 
told ine taut he had sold the lioise to Arnold, and that 
Arnold came a lew days afterwards and paid the 
livery. 

Q. Have you seen the horse since that time ? A. I 
have not. 

Q. Did you see Booth and^ohn H. Surratt go out of 
your stable, riding or otherwise? A. "ifs; John H. 
Surratt would occasionally hire a horse to go out to 
evening riarties. 

Q. WilJi whom generally? A. With Booth; Booth 
gave directions to let feurratt use his horse anytime he 
desired. 

Q. Did you ever see the prisoner, Atzeroth, with 
Booth? A. Yes. I have seen him ihiTc with horses. 

0. With whom was Atzeroth generally in company 
at the stable? A. I never saw him with anybody; he 
was generally alone. 

Q. Did you see him there frequently ? A. No sir; I 
never saw him there but once. 

By Mr. Ewing.— Q. Did you ever see Arnold after 
he took the horse away early in February 'f A. I 
did nov. 

Re-examination of J. li. McPliasI. 

By Judge Holt.— Q. Stale whether the prisoner 
O'Dau'-rhlui has been In the Rebel service. A. lie has. 

Q. How Ion<-; was he in the military service ol the 
so-callrd (oniederate States? A. .\bout one >car: 1 
think it was iilicrthe battle at Antietani. or ^sonth 
Mountain, hcv-anio in and gave hinisell up; that was 
In the year 18::!. 1 believe: I examini'd the records ot 
the Provc^t Marshals oliice before 1 came over this 
morning, and found an oath of allegiance signed by 
Michai'l O L:iugl)lin. and myself and others, and con- 
clud'd.lie was the prNoner at the bur of that iiatnp; 
thedateis JunoPth. IBH:); I wills-tate that O'Laughlin 
sent forme to correct what ho thought was an error: 
he then slat'/d that he did report at Martiosbtirg and 
took the oalh of ailegiance; I have here the oath. 
dated Baltimore. June Itth, 18().3, signed Michael 
O'Laughlin. 

Cro.ss-examined by Mr. Co.t.— Q. Does it appear by 
this oath that it was taken at Baltimore?— A. The 
oath so reads. 

(J. A nl the |)rIsoner stated that he gave himself up 
at Mariinsbuig? A. He told mo he came into our 
lines at Martinshnrg and there tnok the oalh. 

Q. Then may yoii not have tif.n misiaki'ii about 
the o:ith having been taken at Haltiniore? A. If lie 
had come hit) outlines at Marlinsbiirg, and taken 
the oath there, when liecameiiito Haltimoreho would 
have reported. It Is cnstomar.v lor parties who have 
taken theoaih elsewhere, coming Into the city, to 
report when Ihey arrive. 

ti. Doyoukhow ills handwriting? A. T have seen 
re<;ently quite a number of documents which I believe 
to be in his handwriting. 

CJ. But you never saw nlm write? A. I believe not. 

Q. Have yon heard him acknowledge any of the 
letters you speak of to be his own? A. I have seen 
letters I helieve he has acknowledged to be his own. 
bi't I have had no conversation with him about ibom. 



By the Court.— Do you know anything about the 
prisoner Harold prior to his connection with this 
affair? A. Only from his own declaration. 

Q. Do you know that his lamily reside in Baltimore? 
A. I do: they liave resided there within my recollec- 
tion, I suppose, lor thirty years. 

Examination of Dr. Vercli. 

By Judge ITolt.— fi. .Siato whellicror nor on the night 
of tlie assassination of the President you were called to 
the Itouseof Mr. Seward. A. I was; oue of theser- 
\- a n ; s ca m e for m e. 

t2. Atwi;at hour? A. I do not recollect; perhaps a 
little before eleven on J-^rday niL;hl. 

Q. State in wbat condiiioii you found the persons at 
that house you weie calltMl to see. A. 1 found Mr. 
llan-ell, a messenger of tlie .stale Department, lying 
on a bed. wounded by a cut in the side some two and a 
half inclies deej). 

Q. Did you see other persons in the house ot Mr. Se- 
ward at the time? A. I saw every one o: tliem. 

Q. State who I hey were and describe their wounds. 
A. Mr. Wni. II. Seward, Frederick Seward, Major he- 
ward, Robinson and Hansell. 

Q. They wore all woundc-d? A. Yes; 1 had seen Se- 
cretary Sewai'd about nine o'clock that evening in his 
room; when 1 saw him ne.\t lie was in his bed. covered 
with blood, blood all around him. and blood in the 
bed: Mrs. Seward. Miss Fanny Seward and his man 
Robinscm were in the room. 

Cross-examined by Mr. Doster.- Q. Did you see Mr. 
Fr< derick Seward on that occas'on? A. Ye^. 

(i. State wlieiher he was 'Sensible or insonsiiile. A. 
He had difficulty in articulating: he waniod to say 
somothingbut could not express himsoli. he knew me 
perfeitly well: he had a smile ot reco-'iiitiou on l.is 
lilis; as 1 was looking at his wound on the lorehoad he 
was e\idently improssod that the seveie-t one was on 
the back part oi his head: he commenc d movii g his 
Ii| s and pointing his finger there: 1 exaniiued Ins 
wound and found his^skuil hrokeu; Isaid. Do you want 
to know whether your skull is broken or not. and he 
assented: he remained sensible for half an hour and 
then went into asleep: he woke up In abiut twenty 
minutes, when he was put to bed, and was very soon 
insensible. 

Q. Did you also give the information, after e.xamin- 
ingthe elder Seward, whether the wounds wore nior- 
talornot? A. ^■es, when I came into the room wliere 
he was, I found terror in the e.xpression of all his 
family, they evidently supposing his wounds were 
mortal: I examined hiin, and immediately reported to 
the family that bis wounds were not mortal, n;ioa 
which iSIr. Seward stretched out his hands, maniiest- 
ing evident •^atislaet ion. 

Q. How long was it before Dr. Barnes made his ap- 
pearance? A. Probably twenty minules. 

Q. Was. or was not Mr. Seward at the time of this 
attack in a critical condition ? A. Nosir: he had im- 
proved very mucli from his former injury, when his 
jaw was broken. 

Q. Slate what the effect of these wounds were upon 
Mr. Seward in relerence to his form m- cunditioii. A. 
TlieeHert was to debilitate him and to make it still 
more ditlicnit lor him to rally. 

Q. Have you not at sonie time before this trial stated 
that the wounds rereivod by Jlr. Sewaril had a ten- 
dency to aid in his reeovering from the former iniury ? 
A. Nosir: I have heard that such an oiiiiiion was e.x- 
prossed, but I do not know by whom; that was not uiy 
opinion. 

Re-examination of John Borrow, alias 
'•PeannJs." ' 

By Judge Bingham. -Q. State whether or not you 
were working at Ford's Theatre in January last. A. 
Yossir, I was. 

Q. Stale if you know the stable in the rear of the 
theatre .occupied by Booth's horses and carriage. 
A. Yes sir. 

Q. Who fitted it up? A. The prisoner. Spangler, and 
a man by the ii;imeof Jones. 

I.}. Ditf he do that in .laiiuary last, and before Booth 
put his horses in there? ■ A. Yes sir. 

Q. What did he do to the stable? A. It was raised 
up a little beliitid and stalls put in; a carriage room 
was also proaiod. 

U. Wa-s Booth there at the time he was doing it? A. 
He wiis there sometimes. 

Cros-s-examined by Mr. Ewing.— Q. Did Booth oc- 
(■upv that stabh' with a buggy and horses Irom that 
time on? A. Yes: first he had a horse and saddle 
there: then he sold that horse and got ahorse and 
buggy. 

Bv Judge Bingham.— Q. When wasthat buggy sold? 
A. i Ml the Wednesday beiore the President was mui-- 
dored 

tj. Who sold it? A. Ned Spangler. the prisoner. 

Bv Mr. lOwiiii;.— Q. Do you know who hesold it to ? 
A. ileiook it downtothobazaar.wlierothey sell horses 
and carriages: hut hexould not get what he wanted, 
and so lio sold it to a man who keens a livery stable. 

Q. Did you go with Spangler to takeit down? A. Yes 
sir. 

Q. Did not Booth and Gifford tell Spangler on Mon- 
day to takeit to the bazaar to sell? A. Yes; on the 



TRIAL OP THE ASSASSINS AT WASHINGTON. 



83 



Monday before it was sold ihey told liiui to, and I went 
out and cleaned it off. 

Testimony of James Maddox. 

By Judge BiliKliam.— Q. Were you employed at 
Ford's Theitreiast winter? A. I was. 

Q. Stale \firt) rented the stable lor Booth in wliich lie 
kept bis liorses up to the time of the President's mur- 
der. A. I did. 

Q. AVhen did you rent the stable? A. 1 think in De- 
cember last. 

ti. l-'rom whom? A. From Mrs. Davis. 

Q. For whom? A. For Booth. 

Q. Who paid the rent, and how was it paid? ^. I 
paid it monthly. 

Q. Wholurnished the money? A. Booth. 

Q. Were you i resent at the decoration of the hox on 
Friday alternoon. the Hth of April last, occupied by 
the President? A. I wa^ there at the time. 

Q. Do you know who decorated it? A^I saw Harry 
Ford decorating it. 

Q. I.)id vou se? anybody else? A. I do not remember 
anj body else; there m.ay have been others there. 

ci Do yon know who brought the rockin(?-chair in 
which the President sat. to the bn.x that day? A. I do 
not; 1 saw the colored man, .Toe Semms, with it on his 
head tiiat alternoon, coming down from Mr. Ford's 
room. 

Q. Youdid notseewhoput it intothebox? A. Nosir. 

Q. Have you ever se«n that chair in the box before? 
A. Not this" season; the first time the President came 
there we put it in; tliat was in ISUS. 

ti. And yon do not know of its being there before for 
two years? A. No sir. 

Q. Were you in the box that day? A. No sir; I have 
not been in that box since 1863. 

Cross-examined by Mr. Ewins.— Q. What has been 
your business at Ford's Theatre? A. Property man. 

Q. Did your business require you to beon tliestage 
while the periormancesweregoing on? A. Yes, when 
there was anything to do. 

Q. What is your position on the stage? A. It is to 
see that the properties are put on rischt. and to Rive to 
the actors the property required to be used in the play. 

Q. What part of the stage did you occupy? A. My 
room is on the stage, and I have no special position. 

Q. Do you know the passage-way by which Booth 
escaped? A. I was shown the passage-way; I did not 
see him escape. 

Q. State whether it is customary, during the perform- 
ance, to have that passa,^e-way clear or obstructed. 
A. It is generally clear; I have never seen it >ilocked; 
when we are playing a heavy piece we Kenerally have 
to run flats in there pfetty well, but it is generally 
clear. 

Q. Is the Amcriean Cousin a heavy piece? A. No sir. 

Q. During the play of the Anifricaii C'jusln would the 
passage througli wliich Booth made Iris exit properly 
be clear? A. Yes; it w6uld properly be clear. 

Q. Where was the prisoner Spangler's position? A. 
On thelefi-handsideof thestacte; the side of the Pre- 
sid&nt's box: he aUvays has been on that side since I 
liave been in the theatre. 

Q. Did you see span?:ler that night? A. Yes sir. 

Q. State at what time you saw him during the per- 
formance. A. I saw him pretty nearly every scene; if 
he had not been there I should certainly have missed 
him; I do not recollect seeing him away from his i>osi, 
tiou at all; lie may have been away, but iihe had been 
when a scene changed some othet" person would have 
had to run his flat; every person would have been in- 
quiring where he was. 

Q. If he had been away for what leneth of'time? A. 
If he had missedonescene they would have all known 
it; one scene sometimes lasts two minutes. 

Q. In tlic third act in the Amei- icon Coiiain are not 
the scenes shifted frequently? A. Yes, there are seven 
scenes in that act. as Miss Keene plays it. 

Q. Would it have been practicable for Spangler to 
have been absent during the performance of that act 
for live minutes without his absence being noticed? A. 
Yes sir. 

Q. Would it have been for ten minutes? A. Yes, at 
particular times his absence for live minutes would 
have been noticed; during the second act the scene 
does not change for about half an hour; at one lime 
during the third act the scenes are pretty rapid. 

Q. Were you at the front ot the theatre during that 
play? A. In the second act I was in the box ollice. 

Q. Were you on the pavement? A. I went out the 
alley way, and had to goou to the pavement in gettmg 
into the oIKco. 

Q. Did yon see Spangler there? A. Nosir; I did not 

Q. Have j^ou ever seen Spangler wear a moastache?. 
A. No; notsincy I have known him, and I have known 
him two years next month. 

Q. Where were you at the moment the President 
was assassinated ? A. At the first entrance leading to 
the left hand box. 

Q. Did you see Spangler there shortly before? A'. 
Yes sir: I think I did; I saw him in his proper position 
as I crossed the stage after the second scene of third 
act was on. » 

Q. How long was that before the President was as- 
sassinated ? A. I think about three or four minutes; I 
will not slate positively; it cooldnot have been long. 



I Q. When you heard the pistol liretl did you see Booth 
spring on to the stage? A. I did not; I saw him lirst 
when he had nearly passed olf tlir- slago. 

Q. Did you run after him? A. I heard them calling 
for water, and I went to my room fur thai. 

Q. Did you see Spangler after that? A. I did not 
until the next morning, ;i.s I recollect. 

Q. Did you hear Booth that uit,'ht when he rode up 
to the theatre call for Sjjangler? A. No sir, I did not. 

By Judge Bingham.— (i. Do you know whether that 
box was kept locked except when it was occupied or 
being decorated? A. I do not know. 

Q. Do you know whether auv of the other boxes 
were occupied ihat night? A. I do not think any of 
them were. 

Q. Do >ou not know that thcv were not? A. I could 
not state positively whether they were or not: I did 
not take any notice except as to tho Cresident's box. 

By Mr. Ewiug.— Q. When did you first hear that the 
President was to come to the Theatre that night? A. 
About twelve o'clock that day. 

Q. Who told you? A. Harry Ford. 

(J. Do jou know whether the President was invited 
to be present that night? A. I do not; a young man 
employed at the President's house told me that night 
that he had been down there that morning to engage 
the box. b 6 o 

Testimony of Ueutenant R. Bartlcy. 

By Judge Holt.— Q. State whether you have been in 
the military service, and if so in what position. A. I 
have been in the Signal Corps of the Army since 
August, 1863. 

Q. State whether you have been a prisoner of war, 
and if so at what time. A. I was a prisoner at Rich- 
mond during a portion of the year 1864. 

Q. At what prison? A. A part of the time at Libbv, 
while I was in Richmond.and in otherprisons at other 
times. ' 

Q. State whether or not, during that time, you 
had occasion to observe that tho Libby Prison 
had been mined by the Confederate Authorities, 
with a view of exploding it if the city was 
captured by Federal troops. A. When we were 
first taken to Dibby we were informed, when 
taken into the hall, that the place had been mined; on 
the nextmorning weMeretuken into a dungeon in the 
cellarpart of the building; in going to the dungeon we 
had logo round a iilace of fresh dirt in the centre of 
the cellar; the guards would not allow any person to 
passovi r or near it: on inquiry why we were told there 
was a torpedo buried there; that remained there while 
we were ill the dungeon, and some time alter we had 
been taken up stairs. 

Q. Did you have an opportunity to examine the tor- 
pedo? A. No, it was not opened while we were in the 
dungeon, we learned from officers who had charge that 
a torpedo was there. 

Q. Did they speak of one or more? A. One; it was 
spolvcn of as the torpedo. 

Q. From the appearanco.of the ground and theplace 
dug out, would you have supposed it to be a large or a 
small torpedo? A. The excavation apparently, from 
the fresh dirt dug out and put back again, was perhaps 
si.x feet in diameter. 

Q. Was that directly under the prison? A. Yes sir, 
directly under thecentre of the prison. 

Q. Did they explain to you the oltject for which it 
had been placed there? A. Yes; ditl'ereut persons, in 
conversation, told us tho prison had been mined', on 
account of the raid near the cit j', under the command 
of Dahlgren; tliey said if the raid succeeded, and the 
prisoners were in danger of being liberated, they 
would blow us up. 

Testimony of CoJonel R. P. Treat. 

By Judge Holt.— Q. State your position in the ser- 
vice. A. f am Chief Commissary of the Army of the 
Ohio, on General Schofield's stait 

Q. Have you been on duty recently in North Caro- 
lina? A. I have. 

Q. State whether or not the army with which you 
were connected there captured several boxes sstid to , 
contain the archives of the so-called ('oufederate 
t^tates. A.. Yes, tliev were surrendered by General 
Joe Johnston to General Schotield at Charlotte, North 
Carolina. 

Q. .State under what circumstances they were de- 
livered to you by General Johnston. A. I think a 
letter was sent from Johnston, at (Jharlotte, toGeneral 
schofield, at Raleigh, stating that he had in hisposses- 
.=iou. at Charlotte, the archives of the War Depart- 
ment of the Confederate States of America, and that 
he was ready to deliver them to General Schofield on 
his sending an offifer to receive them ; the following 
day an olEcer of Schofield's staff went for them and 
brought them to Raleigh ; from that point they were 
sent to Washington, and came in my charge. 

Q. To whom did you deliver them here? A. To 
Major T. D. Eckert, of the War Department. 

Q. Were those boxes labeled so as to designate the 
contents of each ? A. Most of them were. 

Testimony of Major T. B. Ecliert. 

By Judce Holt.- Q. St.ate whether or not you received 
and exaniined certain boxes purporting to contain the 



84 



TRIAL OF THE ASSASSINS AT WASniXGTOX. 



arcl.ives ot'tbe War Dopaitnientof theso^alled C'onfe- 
(i rate- s^iaies oi America. A. I did receive tbem yes- 
Xerday morning, and tliey have been opened by my di- 
rection, and to 11 certain extent have undergone exam- 
ination by Mr. F. H. Hall. 

Testimony of F. II. Hall. 

By Judse Holt.— Q. Stiite whether or ndt you have 
opened certain boxesdelivered to youby Major Kekert 
as cont".ii;ing the archive;! of the so-called Conlederate 
States of America. A. I have. 

Q. Look at that paper and state whether it was 
found in one of those boxes. A. Yes, I recognize it as 
one of tiie jiapers louud. 

Thopap< r roferred to was read to the Court by Col. 
Burnett, and is as follows: — 

MoNTCOMEIiY, M'lriTE SUXPHCK SPKIN'GS. Va. 

To His Excellency the President of the Conlederate 
states of .\meriiai.— Bear Sir:— I liave been thinkinK 
for some time I woifld make this communication to 
you. but have bciii debarred from doing so on account 
ol ill heath. I ikav oU'er you my services, and if you 
will favor niP in ujy designs. I will i>rocced as soon as 
rr.y health will permit, to rid my country of .some of 
he"r deadliest enemies, by striking at the very heart's 
blood of those who seek to enchain her in slavery. 
I consider nothing dishonorable having such a 
tendency. All I want of you is to lavor me by 
granting the necessary papers, etc., to travel 
on Willie within the jurisdicliou of this Government. 
I am perfectly familiar with the Xorth, and feel coufi- 
aent That I can execute anything 1 undertake. I have 
justreturnfd now from within their lines. lama 
lie itenant iu General Duke's command. I wai,ou a 
raid last June in Keitucky, under General John H. 
Morgan. I and all my command, except two or three 
commissioned officers, were taken prisoners, but find- 
ing a good opportunity while being taken to prison, I 
made m.v escape from them in the garbof a citizen. I 
attempted to pa^ss out throngh the mountains, but find- 
ing that iuiiiossible, narrowly escaping two or three 
times being retaken, I direcied my course North, and 
.South throuLjU the Canadasbythe assistance of Colo- 
nelJ. P. Hoicombe. I succeeded in making my way 
round through the blockade; but having taken tue 
yellow fever at Bermuda, I have been rendered unfit 
for service since ray arrival. I was reared up in the 
State of Alabama, and educated at its University. 
Both the Secretary of War and his Assistant, Judge 
Campbell, are personally ac(|uainted wiih my father, 
Wm. J. Allston, ot the Fi'th Congressional Districtof 
Alabama. havingserved in the timeoftheold Congress 
in the years 1SV.\ ISoO and 1S31. If I do an.vthingforyou 
Is-hall expect your lull confidence in return. If you 
give this i cau render you and my country very im- 
portant service. Let ine hear from j-ou soon. I am 
anxious to be doing something, and having no coip- 
mand at present, all or nearl.v all being in garrison, I 
desire that you iavjorrne iu this a short time. I would 
like to have a personal interview w ith 30U in order to 
perlect arrangements before startins. 

I am, very respectfully, your obedientservant. 

Lieutenant W. ALLSTON. 

(Address meat these Springs, in hosniiai.) 

On the above letter were the foUowmg indorse- 
ments.— 

1. Brief of letter without signature, 

•2. KespectfuUy referred by direction of the President 
to the Honorable Secretary of War. 

(Signed) BURTOA" W. HARRISON, 

Private Secrctarv, 

Received Nov. 29th, 1864, Record ISook A. G. O. Dec, 
8th, 1S64, third A. G., for attention. By order J. .\.. 
CampbeU, A. ^<. W. 

By Mr. Aiken.— Q. From which boT did you obtain 
that letter? A. Prom the box marked "Adjutant 
General's office, letters received from J u ly to JJecem- 
ber, 1804." 

Ite-exaniination or TTillfam E. Cloves. 

Q. t^tate to the Court whether j'ou have examined 
the horse you were Irorti here Sent to see. A. Yessir.- 

Q. In what stable? A^ At General Augur's head- 
quarteris. 

(i. isit the same horse that Arnold bought from 
Booth? A. Yes sir. 

Q. You don't know what payment was madeon the 
horse? A. I <lo not sir. 

Cross examined liy Mr. Ewing.— Q. How do you 
kni.w Arnol. I bought the horse from IJooth? A. 0"iily 
as P,oolli cold nie; it wascreditod to him next morning. 

By Mr. 1 lo Uer.— Cj, Did 3"0u ever see that horse in tlie 
posse-ssion 01 AtzerotU? A. No sir. 

The Judge Advocate-General stated that no more 
wltnessesoii iiebnlf of the Government were jiresent, 
and that unless the counsel lor the accused were pre- 
pared to conmience I iioir defense, he would ask for an 
adjouriinient oltlie Court for Ihod.ay. 

Mr, Aiken remarked lliat the counsel for tlie ac- 
cused preferred that the Guvernnieiit should close its 
evidence before commencing thedelense. 

After some conversation among the members of the 
Court, as to tlie practicability of accomplishing ativ 
business during the following two days, on account ot 
the great revi(-u'. the Court adjourned until to-morrow 
(Tuesday;, at K-u o'clock A. M. 



WASinN-GTO>-, May 25.— The Court met at half-past 
ten o'clock. 

Mr. Cox called attention to an error in the record. 
On Monday Marshal McPhail presented the form of 
the oath of allegiance, and judged it bore the signa^ 
ture of Mr. O'Laughlin, but the witness had not suffi- 
cient knowledge of the handwriting to swear to it po- 
sitively, therefore it was not received as eviaence. and 
was ruled out by the Judge-Advocate. He (Mr. Cox) 
did not, as stated, ask for the reading, but objected to 
it. He knew of no other way to correct the testimony 
than to askthat it be excluded from the evidence. 

The Judge Advocate-General said that that was 
right, and so the request of Mr. Cox was complied 
with. I 

Testimony of "Voltaire Randall. 

Knew the prisoner Arnold: he examined the pri- 
soner's carpet-bag, and found init .somejiapers, letters, 
clothing, a revolver and carlridges. 

By Judge Advocate Holt.— y. Will vou look at this 
revolver.' if he revolver was handed to the witness.) 
A. This is the same revolver: I made a minute ex- 
amination at the time; I examined it on the morning 
ot the 17th of April, at Portress Monroe; the pistol was 
loaded, and is loaded at tbistim*. 

The Court ordered the pistol to be discharged, 

By Mr. Kwing.— It was at the store of John W. 
Wharton, a short distance from the lort. 

The witness stated, in reply to Judge Advocate 
Hoit, that the number of the pistol is lu-i..5.:7. 

General Howe remarked that the pistol was a Colt's 
navy revolver. 

Testimony of Major marsh. 

Served in the military .service as an officer in one of 
the Maryland regiments from It^til until the :!]st of Au- 
gust, Itm; he occupied the position of Lieutenant-Colo- 
nel; when he left the service lie was a prisoner of war, 
and confined in the Libby Prison from the 15th of June 
until tbe2ist of March, IsM. 

By Judge Advocate Holt— Q. State under what cir- 
cumstances you were confined, the number of prison- 
ei-s. and the treatment you received from the Rebel 
Gov^-nment. A. I wascapturedlhreeandahalf miles 
from Winche -ter, on the Martinsburg road: I was in 
(ieueralMilroy's command, and was captured by Gene- 
ral Kwells corps, and taken to Winchester, where I 
was detained for two weeks on account of ill health; I 
was somewhat sick, on account of excess of dutv and 
exposure; at the expiration of two weeks, my health 
having improved, I was compelled to march to Staun- 
ton; I was treated kindly on the road by the offi- 
cers of the escort; when I arrived at Libby Prison 
the rations were small but tolerably fair at first; a 
half a loaf of bread was given to "each mail, with 
four ounces of meat, and several spoonsiul of rice; 
after we had been there four months the meat, as a r^ 
gular thing, was stopped, and we received it only occa- 
siouall.v; the prison authorities then deprived us of 
wheat bread, and gave us what thei'calied corn bread; 
it was of a coarse character; I liuve known the prison- 
ers to be without meat turee or lour weeks at a time; 
in Sddition to the m'seraolecorn bread, a lew potatoes 
were occasionally distributed, of the very worst char-, 
acter; this continued for some time, when the ofhcers 
held ameetingwith regard to the bad tieatmenl which 
they had received; a letter was sent to Colonel Ould by ' 
GeiieralStreight, who was chairman of tlie meeting, 
complaining of the bad treatment, and asking for im- 
provement: to this Colonel Ould replied, '-'l he treat- 
ment was good enough, and better than iheHebel pri- 
soners received at Fort Delaware and other places." 
Ould was the Rebel Commissioner of Kxcliaiige. 

The witness continued:— "After I had been in Libby 
Prison five months 1 was taken sick with drop.sy, lor 
wantof proj)er nourishment, and sent to the hospital; 
wl.ile there 1 ."iaw men brought in from Belle Isle: 
tlicir coudition was horrible in the extreme; I was 
satisfied that they were in astarving condition; out of 
forty at least eight or twelve died the first night: I 
asked the surgeon in charge of the hospital, who was 
very kind to us at first, what was the matter with 
these men? lie replied their condition was owing to 
Want of proper treatment and nourislinn iit and ue- 
glecl: I had been there about two weeks when two of 
ourolliccrs made their escape: Major'i^irner, in charge 
of the prisoners, wasija.'^sionato and insulting when-* 
ever be chose to. speak; betook it into his head to re- 
move us back from the hospital to Libby I'rison; the 
room to which we were removed was "wet with the 
washing 01 it out; some of the sick wcreinadying 
condition, and were compelled to remain there Iwentj-- 
four hours without cots or a morsel to eat, as a punish- 
ment because tlie two oilicers escaped: the treatment, 
I repeat, was very harsh; Colonel Fowler spoke to 
Major IXirner with regard to the bad tre:itment, wheir 
the latter replied, "It is loo good lor you Yankees." 

The opportunity I had for seeing the bad treatment 
was when men were brought to the hospital: they 
were emaciated for want of food; when Ibod was 



TRIAL OF THE ASSASSINS AT WASHIXGTUN. 



ELABENSmJUA 







BO'^YLING- GREEN Garret's Farm where BOOTH waa 
" " shot auil ilAIiULD captured. 



DEATH SCEITE OP THE ASSASSIN. 
Map showing wliere Booth was killed and Harold captured. 

(6) 



J 



TRIAL OF THE ASSASSINS AT WASHINGTON. 



85 



brought within their reach they were eager to get it, 
and the3' would gr; sp nt it. 

Q. Was there any pretense that this treatment was 
the result ot ntcossity. or that they liiid not lood 
enough? A. All the reply I could get was ihat it was a 
matter of retaliation, and that their ijrisoners wtro 
treated worse than ours. 

Q. What prop.utiun did the food bear to a ration, or 
forthecomibr[ablesi41>l'ortiif'liie? was it one-halt" or 
one quarter? A. A man c- ukl jiussibly live on what 
wa.s liisc eiven, alihougU not a (uU ration; a man co\ild 
not possibly live on ii all the time; what was called 
corn bread'appeared to be meal and bran nir.\ed, and 
balced ill a tough condition; lor days we lived on that 
ana water aloiie. 

Examination of <'aptain Emory. 

Was in the military service, and was captured at 
Winehesier on the 151 h ut .lune. If^ii:!, aiid exchansod 
on the 4I11U1' Mav, ISul. He slated subsiaulially the 
same as liie preceding witness in respect to the ioed 
and bad Treatment receivtd.by the Tnion prisoners. 
The money belonging to the prisoners was taken away 
I'rom them, and, thereiore.iliey could not; buy loud. 
The beariiigof the Rebel keeperoftheprison was very 
rude. He alwavs abused the prisoners. When the 
latter wi're biought to the bospiial their condi- 
tion wa.s awl'ul, from the result, as it was 
generally understood, of starvation. After the 
battle of Chickaniauga filieuu or sixteen ot 
these sick prisoners were tied on a cart, to 
keep them trom lalling olf. although there were 
ambulances near by not in use: they were tied like 
sacks ol grain. The witness said he had to he on the 
floor lor a long time, and had not yet recovered his 
strensith. 1 he Commillee of the Itebel ^ieiiateknew 
pf their horrible treatment, but did nut notice them 
on their visit. On one occasion he told the men he 
wanted some medicine. Turner said he had none to 

f;ive him, and added, "The treatment is good enough 
or Yankees." An Inspector of the prison, named 
Turner, said the object of the treatment was to kill 
the prisoners, adding, "It is good enough for you. 
You h^d no business to come here. If 1 had com- 
mand I would hang all of you.'" 

Testimony of I3enj. Swearer. 

By Judge Advocate Holt— Q. State to the Court 
whether you have been in tlie military servue of the 
United States. I have; I was color sergeant in the 
regimet;t to which I belong. 

Q. folate whether or not you were a prisoner of war 
at anv time. A. I was; I was captured on the IStu of 
Octoljer, is«3. 

Q. State how long after your capture you continued 
aprisoner of war, and at" what point yuu were con- 
fined. A. Five mouths and seven days; I was couiined 
at Belle Isle. 

Q. What number of prisoners were confined with 
you? A. When I left there were about thirteen thou- 
sand there. 

Q. Weie they kent in buildings, or simply on the 
naked sand? A. Oii the naked sand of the island. 

Q. Ill what season of the year? A. In winter. 

Q. Were they ijrovided with any shelter? A. Some 
were. 

Q. What proportion of them? A. I judge about one- 
half. » 

Q. What kind of treatment did j-ou receive? A. We 
had about halt enough food to live on. 

Q. Of what did the rations consist? A. There were 
twenty-five pounds of meat served up for one hundred 
men, and a big share ot that was bone; some corn 
bread was browned ujj with It. 

Q. What opportunities had you for cooking it? A. 
It was cooked lor us. 

Q. What was the effect of this system of starvation 
upon tlie health of the men? A. It was very marked ; 
the aien had nothing else to live on, and 1 have seen 
men an that island sjtarved to death ; more than that, 
the bodies of those who died were allowed to lie for 
eight or nine dajs in the trenches witliouc being 
buried; they would not allow us to bury them; they 
laiJ there, to the best of my knowledge, Irom seven to 
nine days. 

Q. \\as that l^e subject of remonstrance on your 
part? A. 1 judge it was; I spoke to the lieutenant in 
chaJge of the prisoners en the island, and he told me 
he had nothing to do with it; that he had his orders 
from Mujor Turner. 

Q You say that they positively refused Tou permis- 
sion to bury the dead? A. Yes sir; I asked as a jjer- 
sonal favor to be allowed to bury the dead, but was re- 
fused. 

li. Did the men die in large numbers? A. I helped 
to carry out from ten to fifteen and twenty a day; more 
than that, I saw men shot down without the slightest 
cause or provocation. 

Q. State whether the death of these men was caused 
ma inly by starvation. A. It was. 

Q. Was any proposition made by the prisoners to tlie 
Bcbel autliorities to support themselves, ifthcy should 
bo allowed to secure provisions? A. I think there was; 
I cannot say lor certain, but there wa-i a large number 
who volunteered to work in order to get something; 



nnmbers of the men volunteered to work at building a 

machine shop there. 

(i. You say that one-half of these prisoners, in the 
dead of winter, laid out at night on the open sand, 
without any shelter from the weutlieror any fuel to 
warm them? A. Yes sir; I laid there for tliYee inoulh3 
without anyshcllei; uiy ordinary wr'giit i-i about one 
hundred and sevc my imunds, Iml when 1 eanie homo 
I weighed only about i.ni' hundiiil andl winly-lhree; I 
do iiottlilnk i Would have lived had 1 siai'd there a 
mouth longer. 

Testimony of Wni. Bull. 

By Judge .\dvoeate Holt.— Q. How long have you 
been in the military service oi the Vnited States? A. 
I enlisted in lsi;-2. 

U. ^\ lien were you captured by the enemy? A. On 
the mil otMay, isij-l. 

{.i. How long were you a prisoner? A. About eleven 
mouths and twenty-two days. 

Q. Stale where you were confined. A. At Anderson- 
ville.Ga. 

Q. Mow many prisoners of war weie there at the 
time of your confineinent? A. 1 think that altogether 
there were in theneul.Uorhood ol thirty-lwo thousand. 

Q. Slate what tri':ilmeiit they received from the 
Rebel authorities while you were there. A. The treat- 
ment was very poor indeed; they had no shelter what- 
ever, but were compelhd to live in a swaiiip; their 
blankets, liats, cajis, their clothing in general, and 
their money, were taken Iroin them. 

Q. You sa"y they were < umiielled to live in a swamp? 
A. Yessii ; the i'licampment was inaswamp. 

Q. Had it any sheUer? A. ISo shelter whatever. 

Q. State whet her til ere was woodland in thai vicinity. 
A. Yes sir; there was splendid pme wood around there, 
any cjuautity otit. 

Q. Stale the character of the rations served-out. A. 
Well, sir, every morning wlieii the wagon came 
around, (here would beserved to each man half a pint 
of corn meal, two ounces of baeon, and a hall-spoonful 
otsalt; this was all the rations for twenty-. our hours. 

Q. What was the character of the bacon? A. Well, 
it was alive. 

U. Was it rancid and rotten? A. Yes sir; once in a 
while we would get hold of a good piece, but not xury 
often. 

U. What was the effect of this treatment on the pri- 
soners? A. ii w.is very hurffiil, and killed them olf: 
the largest number of deaths in any one day, so far as 
niy recollection goes, was one hundred and thirty- 
three. 

U. Was it not understood there that most of these 
deaths were occas'oned by starvation? A. It was. 

Q. Was any reuiunstrance addressed to the Rebel 
aulhorities in regard to these things? A. I do not 
think there was. 

Q. Did you hear any statement on that subject Irom 
the enemy? A. A'essir. 

(I. What did they say? A. They said they did not 
care a whether the Yankees died (jr not. 

Q. Do you remember whether a man by the name 
of Howell t obb, formerly (Secretary of the Treasury 
of the Vnited States, visited Andersonville? A. I do; 
he made a speech there. I think, some time in 
February. 

Q. Do you remember the tone of that speech, or what 
hesaid in reiereuce to the prisoner.s? A. He made 
some very bitter remarks; 1 do not recollect the exact 
terms. 

ti. Were they in support of the policy which had 
been pursued in the tiealnienc ol' prisoners, or other- 
wise? A. Hesaid that was the best they cjuUI do for 
them, meaning the prisoners; tiiat if ilie autliorities 
lo. iked alter tlieni a liitle more no doubt they would 
fare belter; he only said a lew words, and did nut 
seem to care much a'lout the iirisonei-s. 

(4. You sav the men died ;.t tlie rate of 100 to 1.50 a 
day? A 1 think that the day on which the largest 
number ofdeaths occurred was the lUh of September, 
when l:;.! of the jrisoners died. 

Q. You sav thev were in the open sun; was the heat 
very great?" A. it was y. ry inleii.-e indeed. 

Q." How was the water? A. We were obliged to 
drink water which had been made filthy In conse- 
quence of the garbage thrown in the creek above. 

Q. Did you regard thai as accidental or the work of 
design? A. 1 do not know positively; the Rebels al- 
ways threw the.r filth and waste matter intothecreek 
abo"ve, and thenieugot up a lemousirauce. ihe reply 

to which was that tney did not care a for the 

Yankees. 

(J. How was the treatment in the prison; were many 
of the men shot? A. Yes sir: when 1 first went there 
in June, as many as six or eight a day were shot dead. 

ti. Did it appear to you that they were shot in 
wantonness? A. H" a man got half a fot^t over the 
dead line, or near it, he was shot; it was said Ihat they 
got a thirty davs' furlouKh for shooting a Yankee. 

U. Do you remember whether Howell Cobb re;errea 
ill his .vjieech to the Rebel eini.ssarie.s at iheKorth 
who were engaged in the work of firing Northern 
cities? A. He made some remark about a plan to 
burn and plunder the JXorth; I cannot tell what were 
the wf rds used. 

Q. What was the rreatment ot prisoners who were 



86 



TRIAL OF THE ASSASSINS AT WASHIXGTOX. 



sick in tlie liospitaK? A. It was very poor indeed | 
they got pitcli-pine pills J'or tbe diarrlicea. pitch-pine 
pills lor the scurvv, and pitch-pine pills lor every- 
thing else: thev did not get any regular medicine. 

Q. Of whut v%-ere these pitch-pine pills composed? 
A. OiH little pitch-pine, the smll that runs out ot the 
trees there. :uid a little vinegar: once in a while the 
patients would get a little medicine, or soiiiethiug. 
like it. ■ , ,■ ■ ' 

Q. Was any of the money taken from the prisoners 
returned )o them? A. JS'ot a cent. 

Q. What was vour experience in reprard to the taking 
of vour clothes" and money? A. When l was hrst cap- 
tured tUevtCiok n.yshois oil', and I walked liaieiuul 
to Gordoiisville; they then took Ironi me my blanket 
and clothes, and for nine months 1 had iioihin^' on 
but a pair of drawers :\iiil a fhirt: I laid there on the 
open ground for nine months without a bit of shelter. 

Q. ASas that the cunimun experience? A. Yes sir; 
there were thousands there in the same fix: the corpse 
ot a man who died in the morning could not be ap- 
proached by night within twenty leet, and pilch-forks 
had to be used to carrv the liod\- ofllo the trenches. 

By the Court.— Q. Uid you hear any reasons given 
for depriving the prisoners of their clothing? A. It 
was because they needed it for their own use; I would 
state here that clothing was sent there by our Govern- 
ment, and the Kebel Captain in charge over the 
prisoners took it hiiuseli. and this Captaiuwasin 
command of the interior of the prison; Colonel Gibbs 
conimandeil the post. 

Q. Was the (iiiality of the provisions served out to 
Tou such that a man'would not eat unless he was in a 
starvius,-c.in(liiinn? A. Yes .sir; I would not think of 
such a thins now, but a man in danger of starvation 
might eat tueui. . 

Q. IJO you think it pos.sible to sustain life for any 
great lentjtli ot time on such food? A. I do not think 
a mancoulddo it ajireat while: up to the day I lelt. 
which was the 21ih ot JSlarch. Ii;.7:25 men had died 
there; that was the number taken from the books by 
myself. 

By Judge Holt.— Q What proportion of those deaths, 
ia voiir iudgment and thejud-nient of other prisoners, 
ocr-urred iruni starvation and in consequence of this 
treatment of w hich you speak? A. I have no duubt 
over one-half; the Idod which they received was the 
causeof their sickness, and alter they got sick they 
did not receive an V better food. 

By the Court.— Q. Was there any medical treatment 
given to those sulTering prisoners? A. Very little; 
mdeed nothing of any benefit. 

Testimony of E. W. Ross, 

By Judge .Advocate Holt.-Q. State whether or not 
you"have been in the service of the Kebel Govern- 
ment. A. I never was in the army; I was a clerk at 
Libbv Prison. 

Q. Were vou a clerk there in the m'.nthof March, 
18bi? A. Yes sir: about that time Geii'ral Kilpatrick 
was making a r.iid in the vicinity ofliiehiiieiid. 

Q. ijtate what knowledge, if any, you had of Libby 
Pri.son having at that lime been mined by the Conle- 
deiatc authorities. A. I never saw ihepowOir. buti 
saw the place where thev said the powtUr was baried; 
Iwasawavone night about that time, and when I 
Ciime baclc in the morning one of the colored men at 
the prison told me that some powder had been I'ut into 
the building: when I went to mil cull oneofthe ollicers 
a.sked me whether the i)owtler was there, and 1 1 ild 
him I did not know certainly, I saw lue fuse in the 
office. 

Q. Did vou ever see the place where tlie powder w.:s 
buried? A. Yes sir, frequently: two sentinels were 
placed over-it to keep persons from approaching the 
place. 

t;. Was the fuse kept in the ofSce? A. Yes sir; Major 
Turner iiad it in charge; it was an elgbt-seeondfusc. 

(.1. Did hestate to y<m that the powder was there? A. 
Yes sir, and ahos.iid tuat this lus;^ was to sd it oil'. 

Q. In What event was this ex|ilosion to take place? 
A. In case the raiders got iuto tiic city they would set 
it olf. 

U. And blow up the prison aud the prisoners? A. 
That must have been tlieir intention. 

Q. llow lotig did that iiowder remain there? A. In 
May they took it out secretly. 

ij. Do yoii know whether the fact of its removal was 
kept a secret from the prisonere themselves? A.I do 
not. 

By the Court.— Q. Did you understand by wh<tse au- 
thority the powder was put there? A. It was done 
while Winder was Secretary of War. 

ti. dilate whetlier or not MajorTiirner, the keeper Of 
the prison, did not seem to be acting under the aa:ho- 
ntyol the WarJirparinieiit? A. lie never told niethat 
he was acting under any (jrders in the matter, or even 
that the powder was there. 

ij. Was he not a subordinate ol the War Department? 
A. Yes sir. 

TeDtiinony of John IM Toiiolic. 

By Judge Holt— Q. State whether or not you have 
been in the service ofthe Kebels ? A. Yes sir; I was in 
the Coniedirale dilates .\rmv. 

y. tetaie whether or uot you were ou duty at Llbby 



Prison in March, isi;^? A. I had been detailed there and 
wa.s on duty at that place at that time. 

Q. s^late what knowlidge yon have, if any, concern- 
ing the mining of Libby Prison about that time by the 
Confederate authorities? .\. Major Turner, tlie keeper 
ofthe iirison, told me one day that bo was going to see 
(ieneral Winder about a guard: 1 believe we hfid no re- 
lief that day: when he returnca he told me that Gen. 
Winder bitiiself had been to .see the Secretary ol War, 
and that they were going lu put*t)owder rii the build- 
ing; in thcevcnin? Ol the saniedaythe powder came 
there: it was in twenty-five pound kegs, which were 
cont:iined in bo.\es, and altogetiier amonmed to. I sup- 
pose, one hundred pounds; a hole w:is <lug in thecn- 
treo; the middle basement, and the powder was put 
down iherein: the ground was then covered over with 
gravel; I look one of the sentries from the outside of 
the building and placed him over this powder, so that 
no accident niigiil occur: the ue.vt day Major 'luriier 
sliowi d us the fuse in the oOice: it was a long fuse, and 
was made of gutia percha; the powder remained there 
until. 1 think, some time in Jlay, win n the prisoners 
were all remu\(d from the prison: General Winder 
then sent a note to theoTBce, with directions to take 
up the lojvder as secretly as possible; 1 do uot remem- 
ber the e.xact word. 

Q. Stale whether you heard in what event this pow- 
der was lo beset od? A. I did not hear at that time: I 
heard liimsay afterwards that in case ol the raiuers 
coming into Kiciimoiid he would blow up tlic place. 

Q. Meauing the prison building aud the prisoners in 
it? A. I suppose so. 

Te.stiraony of fieor^e X. McGee. 
By Judge Advocate Holt — Q. State whether yea 
know the prisoner at the bar, Samuel Arnold? A. I 
do. 

Q. State whether or not he has been in the military 
service of Ihe Bebels? 

Mr. Kwing.— I object. The ground of my objection is 
that Arnold is liere'on trial tor having been engaged 
in a conspiracy to dc certain things, aud that it is uot 
competent for the Government to show, il such be the 
fact, that before he entered into this conspiracy he was 
in the military service of the Conlederaie states. He 
is not on trial'for having been in the military service 
ofilie Confederate States; he is not on trial lor having 
taken the oath of allegiance and brol;e<i it, for they 
mav see lit to follow this up by a statement of that kind, 
as has been done in the case of O'Laughlin. He is on 
trial for an oH'ense delined clearly in the charge and 
specilications, ami It is uot competent, it seems tome 
clearly not competent, to attempt to aggravate the 
ollense with which he is charged. and of which they seek 
to prove him guilty, by showing tiiat he has been uii- 
laithlul to the Government in other respects and at 
other times, and it is introduced and can be introduced 
fur no other purpose than that of aggravating 
his alleged acts in connection with the conspiracy. 
That coui'.9e of testimony would be in etlect al;Owing 
the i^rosecution to introduce testimony as to tiie pre- 
vious characer of the accused, aud that is a right Unit 
is reservid to the accused always, and is never allowed 
to the prosecution. More than that, it would allow the 
prosecution to uo what the accused is not allowed to do 
on his own behalf in the point of character, that is, to 
introduce specific acts, from which his character may 
be inferred. 

Jiulge Advocate Holt.— I will make only a single re- 
mark. I think the testimony in this cas.' has proven 
what I believe to be suilietenily demonstralive, how 
kiiulred to each other are the crimes ol treason agaiiiat 
the nation and theassa.-isination of its Chief Magistrate. 
The one seems to be a necessary consequence ol, as it 
certainly is a logical sequence from the .other. Tue 
murder of the President of the United States, as alleged 
and shown, was, pre-eminently, a political assassina- 
tion. Dislovaltv to the Governnunt was its sole, -its 
onlv inspiralioii. When, therciore, we shall show, on 
the"partof the accused, acts of intense di-loya!ty. the 
bearing of arms in the lield against that i;oveninu ut, 
we show the luesence of an animus towartls that Go- 
vernment which relieves this accusation of much if 
1101 all improbabilitv. This course of luoo!" is coii- 
stanlh- resortcil in otlier Courts. I do not regard it as 
in the slightest degree a departure Irom the us:ige-( of 
the profession. In the aUiainistrat lou ol courts ol jus- 
tice the purpose is to show that the l)risoner, in his 
mind and in his course ot life, was prepared for the 
commission of this crime; that tliC tendencies ot his 
life, so evidenced hv open aud overt acts, points to this 
crime; if not as a natural certainty, as a most probable 
result. It is in that view and with that object that the 
testimony is otierid. „. , ,. ., . t. 

■ Assistant Judge Advocate Bingham referred to Kos- 
cne's "Criminal JMdcuce." iiageH3 or s7, as authority 
lur the rule of law that when the intent with which an 
act is doue is initial, other acts ofthe i)risoner uot ini- 
tial, to lirove the intent, may bo given in evidence. It 
was alleged in the charge and specilications that the 
prisont r Arnold, with others, engaged in a conspiracy 
to mnnler tlu' President of the United States, and 
others, with inti 111 to aitl the Itehellion against the 
United states. The object here now was to isiablish 
that intent thus put in issue by p oviiig that the pn- 
sonir himself w:is part of the BebcUion. 
Mr. Kwing said that he would defer speaking upon 



TRIAL OF THE ASSASSINS AT WASHINGTON. 



81 



the general principle involved, and content himself 
with :v roferent'e to autlioriiies in support, ol' his posi- 
tion, lie accordingly relerreci to several iinthoritics 
on the siiliitct, Ironi only one of winch we quote as 
follows:— ■'•iiviflencc will not be adniitlod ou the part 
of the jirosccutlon to show the bad cliaracter of the 
accused unless he has called witnesses in support of 
his character, and even then the prosecutor cannot 
cxaniiuo as to i)articular acts." 

The olijectHJU was then overruled, and the following 
answer to the question was given by the witness :— A. 
I oouhl not sav positively. 

Q. What Knowledge have you on the subject? A. I 
have seen the prisoner ia the uuiforin of the Rebel 
niilitarv service. 

Q. Was it the uniform of a private soldier or of an 
oflicer? A. A private soldier. 

Q. At what time was this? A. I cannot tell; I think 
It was in isdj. 

By Sir. Evvinar.— Q. At what time did you see the 
prisoner dressed iu Eebcl uniform? A. I think it was 
iu ISGl; 1 cannot say i^ositively^ 

Testimony of John I^. Caldnell. 

Bv Assistant Judge Advocate Burnett.— Q. Where 
do vou reside? A. At Georgetown. 

Q. Siiate wherevou were ontho niorningof the assas- 
sination? A. At Jx^thewsifc Company's grocery store, 
in Georftetown. 

Q. State whether you saw at that time any of the 
prisoners at the bar, and which one. A. i saw that 
one, Atzeroth, at about 8 o'clock; he came into the 
store; I asked him how he was, and so on; lie told me 
be wasgoin? into thecountry, and asked nie whether I 
did not want to buy his watch; I said no; J had no use 
for one: he then asked me to lend him ten dollars; 1 
told him I had not the money to spare; he then took 
out his revolv.er. and said lend me ten dollars aiidtake 
this assecuritj-; I will come back next week and return 
you themoney: Ithoughttherevolverwas good enough 
security, so I loaned him the money. 

A revolver was shown to the witness, which ha 
recognized as the one referred to. It was loaded when 
he received it, but had the ajipearance of having been 
fired once. 

Testimony of Mary Simms (Colored.) 

By Assistant Judge Advocate Bingham.— Q. .State 
whether 3-011 know any of the prisoners. A. I know 
that; one, JJr. iSamuel Mudd. 

Q. State whether you were his slave, and lived with , 
him. A. I was his slave, and lived with him four 
years; 1 left him about a month beibre last Chri.stmas;) 
I was free then. 

Q. When you lived with the prisoner did you hear 
him say anything about President Lincoln? A. I 
h(!ard him say when he (President Lincoln) came in 
here he stole in in the night, dresseil in women's 
clothes; that they laid iu wait lur him. and that if they 
had caught him they would have killed him. 

Q. State who visited h'\ni. A. A man by the nameof 
Surratt visited him; also. a man named Walker Jjoivie. 

Q. W'ho called this man Surratt? A. Dr. Sam. Mudd 
and lir. i^am. Mudds wife called him Suirait. 

Q. titate tlie apjjeurance of theuian Surratt. A. Ho 
w;ia young looking, rather slim, neither very tall nor 
short; his hair was rather light, at least not black. 

Q. State where he slept wha» at Dr. Mudd s house. 
A. All of his men slept in the woods. 

Q. State hi.iw many were with him when theyslejit 
in tlie woods. A. There was CajiUiin While, from 
Teiniessee; Benjamin Uwin, Andrew (jwin audGeorge 
Gwin. V 

U. How did they get victuals to eat while they were 
in the woods? A. When Dr. Mudd went in the house 
W'ith the men to get his meals he l-Ut us out at Uie door 
to waicli if anybodj'- came along: then at otljor times 
ho would send me with victuals down, and IIk'M stand 
beliind a tree to watch when the llebels would come 
out and get them. 

Q. Did you ever see Surratt in the house with Mudd 
at any other time than when he was eating? A. Yes 
sir; when they wanted to talk they always went apart 
by themselv es. 

Q. Wiiere did they go to ? A. X^pstairs in a room. 

(i. t^tate ho w ycju knew that the men whocamothere 
were Kebels. A. They would often bring letters from 
Virginia. 

Q. To whom did they bring the letters ? A. To Dr. 
Bam :m udd. 

Q. State whether he would give them letters to take 
back. A. Yes sir; and clothes and socks. 

CJ. What sort of clothing were these men dressed in? 
A. Some of them whom they called officers and soldiers 
would have eijuulettes on their shoulders, and were 
dressed in grev coats and grey pants, iruniued with 
yellow. 

Q. Did you hear Dr. Samuel Mudd say anj'thing 
about sending any body to Iliclimond? A. I heard him 
say something about sending my brother to Ilicli- 
mond: when he bought my brother he said he would 
have something for liim tu'do in Kichmond. 

Q. Wliat did he say he would have for him to do? A. 
To build batteries. 

Q. Was your brother his slave? A. Y'es sir. 

The cross-examination of this witness, which was 



conducted by Mr. Ewing, did not elicit any point ot 

general interest. 
In regard to the prisoner, Mndd's remark fhatPresi- 

dent J.mcoln wi.uld lia.\e b 1 killed, if cau-lit tlio 

witness tcslilied that ilie remark was nuiile lour years 
ago. The man Walter Bowicwas but onlv one of the 
visitors whoslept in the house: the others" reclaming 
in the woods. Surratt among them, on beds madonpori 
bed clothes procured at Mndd's house: Surratt fre- 
(jueiuly took dinner at the house, but was not seen by 
more than one other servant; he commenced coming 
last wmter. *" 

Testimony of Elcazer Eglin. 

By Judiiellolt.- (}. Do yon recognize the prisoner. 
Dr. Samuel A. Mudd? A. I do. 

Q. Were you his slave? A. Yes sir: I led him in 
August. ISKi. 

Q. State whether he said anything to you about send- 
ing you to lliclinioncl. 

Mr. lowing (ibjeeied to the question on the ground 
that it was iirelevant. 

.liKlge Advocate Uolt said the object of the question 
was to sliow disloyalty on the part ol the accused. 

The objection wa.s overruled and the question re- 
peated. 

A. lUe told me that when I got so that I cnuid travel 
he would have a place lor mo in Itichmond. 

Q. When was that? A. In June, 18(i:i. 

Q. State if you saw any men about Dr. Mndd's 
house when yon were there, if so, where they staid? 
A. I saw some men there, and some of them staid in 
tlie wo(ids in the davtime. 

Q. Where did they get their victuals? A. I do not 
know. 

Q. Did you see any victuals being taken to thein? A. 
I saw victuals going that way often enough; I saw my 
sister, Mar.vSimms, taking them. 

Q. How were these men dressed? A. Soiue In grey, 
and some in black clothes. 

Q. Who was present besides vourself when Dr. 
Mudd .said he was going to send you to Kichmond? A. 
Ko person. 

Testimony of Sylvester K^lin. 

By Judge llolt.— Q. Did you live with Dr. Samuel A. 
Mudd? A. I lived with his lather, about a nuarler of a 
mile off. 

(i. State whether you heard him sav that he was go- 
ing to send anybody to Richmond." A. I heard liini 
say that he, was going to send Eleazer, and me, and 
several others, to Itichmtjnd. 

Q. To whom was lie talking at the time? A. To 
Jerry Dyer and Walter Bowie. 

CJ. Where did the cnnversalion take place? A. Down 
by niy old master's gate, in the oats lield, where the 
horses were kept. 

Testimony ot Xi. 'WasIiing:ton (Colored.) 

By Judge Bingham.— Q. Do you know the prisoner. 
Dr. Samuel A. Mudil? A. 1 do. 

ti. Were you his slave? A. Yes. 

Q. When did vou leave his house? A. This October 
coming two years. 

(-i. State if while you lived with Dr. "Mudd, you 
heard him say anj'tliing abfluc President Lincoln. A. I 
heard him s:iy he would not keep hisseat long; I heard 
him say that some time summer be •fore laSt. 

Q. Was anybody-talking Willi him at that time? A. 
There was a'heap of gentlemen in the house; 1 do not 
know who they were. 

Q. How were they dressed, and where did tlie.v 
sleep? A. Some had on grey clothes, some little short 
jackets, with apeak behind; sometimes theysle|)tin 
the house, sometimes down iu the pines, not very far 
from the spring. 

Q. State how they got their victuals. A. Sometimes 
Dr. Jludd would carry it; sometimes the girl (Mary 
Simnisi; I did not titay about the house, but I hap- 
peiK d to be then) one day as they were setting down 
to dinner; Dr. Mudd set tho children to watch while 
they were at dinner; the children said they werecon-i- 
ing, and these nvn jumped ui) from the table and 
ran out the side door. 

Q. Did you hear Dr. Mudd say anything about send- 
ing any one to Kichmond? A. Yes: he said to oneof 
the men, one day, that he would send him to llicU- 
mond. 

Cross-examined by Jfr. Ewing.— Q. How many times 
did you notice these men in the woods? A. They were 
there for a week or more, and I saw them seven or 
eight times; they all then went away together lu the 
night. 

Q. Do vou know their names? A. I think one was 
Andrew "Gwynue; I do not know the names of the 
others. 

tj. Were they ever there at anyothertitne than that 
we^k? 1 did not see them at any other time. 

Q. What other person saw them there,' .\. The \to- 
man, Marv Simms, who was on hero just now, saw 
them; her and another woman were in the room; I 
don't know any white person who saw them, except 
Dr. JNliidd and his wife. 
Q. D.d Mr. Best see them? A. I do not know. 
Q. Did anv of tie Hold hand; r,r any of the neighbors 
see them? A. I do uot know of any. 



88 



TRIAL OF THE ASSASSINS AT TTASHIXGTOX. 



Q. Where were the horses of these men kept? A. ] 
Thoy kept ihe:r horses in the stable; sometimes Milo 
and sometimes Henry Ham. " | 

Q. What time in the summer was it you saw them : 
there? A. I think it was about Au;iust. I 

Testimony of Mslo Siinnis (Coloretl.) 
E.xamin'.'d by JuUeto Bingham.— Q. Stale whether 
you livea with the wrieouer. iJr. ttjamuci A. itudd. A. ! 
Yes, I was iiis slave; I leit his bouse the Fridiiy beiore 1 
last t'hri.stmas. I 

Q, State if at any time while you stayed at Dr. I 
JIudd's Louse you saw uny men there. A. 1 saw two I 
or throe there iastsuinmi.r. 

Q. Where did ti.« men stay? A. Sometimes in the 
bouse, and then down by tiiespringumoug the bushes; j 
they slept down aniong-t.m bushes. ' 

Q. Didyou see t;ic bed down there? A. Yes; it was 
Cxcd mider a pine tree, with ablanket, and rails at the 
head. 

Q. Where did they get their victuals? A. From Dr. 
ISludd's: sometimes" my lister carried it to them: some- 
times they ctmiod it thuir selve.s. 

Q. When your sister carried it where was it put? A. 
Down by the spring. 

Q. Who t oo'x it away? A. Sometimes John Surratt, 
sometimes oi:eot'ti'e otliers. 

Q. How did you know John Surratt? A. I heard 
them call hini at the hosise. 

Q. What iiiiid of n. looking man w;is he? A. He had 
light hair and wniskers and was a slim man. 

Q. When there were men in ttie liouse was anything 
said by Dr. iludd about watchini;? A. He set some 
children to v.-atcli who was coming; if auy one was 
comiiieihey were to toll him. 

Q. Do you kuow whether anything was said about 
any onecoming while these men were in the house? 
A." I do not. 

Q. How were they dressed? A. They bad on grey 
clothes with brass buttons. 

Q. State if you heard any talk between Gen. Gard- 
ner and Dr. riludd about Mr. Lincoln. A. Yes: I heard 

Mr. Gardner saV Lincoln was son of a — , and 

ouf,'ht to have been killed long ago;" Dr. ilmld said, 
"yes. that was much after his ruiud;" that was some 
time last fall 

Cross-e.xamined by Mr. Stone.— Q. Did you work in 
the house or ia the tield? A. in the field, biu tome- 
lime^ when I was at the house I took the horses. 

Q. How old are you? A. I reckon about fourteen 
years. 

Q. Would you know .Tohn H. Surratt if yon were to 
see him? A. I doiTt know a>* would now. 

Q. Whopointr-dhimout to you? A. Dr. :\[ufld would 
say, "take Mr. Snrratt's horse and carry biui out to the 
stable and leed him." ' 

(J. How oilea did you see him? A. Two or three 
times. 
U. How many came with him? A. Two or three. 
Q. Where was it that you heard this talk between 
Mndd and tiardner? A. AtReantown. 

Q. How far is Beantown from your house? A. About 
three miles; I went up with him after some liquor last 
summer. 

Q. Was there anybody eise there besides Mr. Gard- 
ner and Dr. Mui^jl? A. There were some meu in there 
but 1 didnt know them. •> 

(>. Wa-s not Andrew Gwynn there with Surratt? A. 
Not as I know ol'; I saw him at Dr. Mudd's lather's 
house: 1 never saw Andrew Gwynn at Dr. Mudd's 
house. 
Q. Vv'ho was with Andrew Gwynn? A. .Tenny Dyer. 
Q. When was ihc last time you saw John Surratt at 
Dr. Mudd's? A. Last winter. 
Q. Did he stay ail night? A. Yes. 
Testimony of \Vm. Slarsball, (Colored.) 
By Judge Bingham.— Q. State whether yon were th<> 
slave of and lived with Dr. Samuel A. Mudd. A. I 
married near him. i, 

Q. Do you know Ben. Gardner, oneof his neighbors? 
A. Yes, Ben. Gardner was my viile'3 master, '-i 

Q. State if you heard any convprsati'n between 
Gardner and Dr. Mudd about the battles on the Rap- 
pahannock. A. Yes; I heard Mr. Gardner say to Dr. 
Mudd, "Sam., wegave thorn — down on the'Rappa- 
hannock." 'Iho Doctor said '• Yes we did.'' Gardner 
said that "Old stonewall was the best ol the Generals:'' 
Doctor said, "Yes, he was quite a smart man;" Gard- 
ner said tliat "Lee had gone round up into Marytand; 
that be was go'mg to cross t!ie nvor at the Point of 
];ocks. reini-niljor that, and he would not be siirpri.sed 
if they wore t:ior-! now:'' ho said tliat "in a short time 
he w.'Uld t:i"KetheCai)ita ,anrt Washington. and have 
Gid Lincoln burned up in liie house:" Dr. Mudd said 
"He would not lie sumrised." 

Q. stato whether i)r. Mudd made any objection. 
A. He did noi. 
Testimony of Rachel Spencer (Colorecl). 

Hy Jud'^e Bingham.— Q. State wliethor you were a 
sliveof the lirisoiier. Dr. Aludd. A. Iwas; I left him 
la January last. 

U- While you were at ©r. Mudd's house did yon see 
men come there at times? A. Yes, at the time men 
V. .iv [j..ssing through there last summer, some five or 
b:.\ came there. 



Q. '\^"Tiat sort of a dre?s did they wear? A. A black 
or blue: they slept in the pines, about twentv vards 
from the house, near the spring. 

(.J. Where did thoy get tiieir victuals while they 
wore lliere? A. At the house, and sometimes Dr. .sam 
took the victualsto tiiem. 

Q. When tiiey would come into the house, did he say 
anything to any of the sprv.ints or bovs about what 
thoy were to do? A. Iwas in the kitchen; they said 
thoy had to t;o to the cloor and watch. 

O. 1 id you heartlie names of any ofthe men who 
called at Dr. Mudd's house? A. Yes; Andrew Gwynn 
and Y\'alter Bowie. 

Q. Did you see a young man among those who 
visitf-d there? A. Yes; be sNept in the pines, too,when 
tho' wore Uiere last summor. 

Q. Describe his aripearance. A. He was not very 
tall; he was fair looking and slender. 

Q. Do you remember bis being there more than 
once last summer? A'. I do not. 

Q. Do you remember hearing Dr. Mudd say any- 
thing about ItichmondJ A. I heard him tell" one of 
hismon he wo ild send nlni to Richmond. 

t'rossexamiuod by Mr. Stone— Q. You sav you saw 
thom there in the summer; was. it the tirst of tiie 
summer or the last? A. I do not know; it was warm 
woathor; they all came together and went together; 1 
believe they staid at the Spring about a week. 

Q. Where were their horses? A, In thestable. 

Q. Was Mr. Best livingtiiere that year? A. Yes; to 
the best of my knowledge he came there the winter 
before. 

Q. Do you know whether Mr. Albion Brooke was 
living t here at the time these men were there. A. Y'es 
he was. 

U. Did Mr. Best and Mr. Brooke also see these peo- 
ple? A. Yes sir. 

By Mr. Bingham.— Q. Do you know whether Albion 
Brooke ever saw them or not, or did you merely sup- 
pose he did? A. He saw them. 

Q. Did he tell you he saw them or how did you know 
it? A. He used to go with them; they were all to- 
gether. 

Q. X>o yon know whether Mr. Best ever saw them or 
not? A. lam not positive whether he did or not. 

The Judge Advocate-General here stated that, re- 
serving th^riglit to introduce further testimony on the 
general subject of the Conspiracy, the prosecution 
would here close. 

TESTOIOXY FOR THE DEFENSE. 

Mr. Aiken stated that by agreement amongthe coun- 
sel for thede.'ense they would first introduce testimony 
in behalf of .Mrs. Surratt. They would proceed as far 
as practicable this afternoon but would not consider 
the testimony closed in respect to any one until all the 
testimony for the defense was in. 

Testimony of Father IVigrgat. 

By Mr. Aiken.— Q. State your residence in this city, 
and your occupation. A. iMy residence is Gouza^a 
College, in this city, in F street, between Ninth and 
Tenth; I am a, cl' rgyman. 

Q. Are you ac«iuainted with the prisoner. Mary E. 
Surratt? A. I am and have been for ten or eleven 
years. 

U. Has that acquaintance been of an intimate cha- 
racter? A. I knew her very well. 

Q. Are you aequaintul with her general reputation? 
A. I have always heard every one speak very highly 
of her a.3 a lady" and a Christian, 

Q. In all that acquaintance h»s anything ever come 
to your knowled;ie that would JiuUcate an unchristian 
character on her part? A. No, never, 

Q. Are you acquainted with Lewis J. Weichman? 
A. Only very slightly; I saw him a few times; lam 
net Will BC luaintod with him. 

Q. state whether, from your knowledge, he has ever 
been a student of d.viuity. 

tjuostion objected to by Mr. Bingham, on the ground 
that tliepurijose of thequostiou was to impeach the 
character of Weichman. He could not be contradicted 
in respect to entirely immaterial matter. 

51 r Aiken reniiedthat the Intention was to impeach 
Weichman's testimony in this and many other par- 
ticulars, and as the foundation had been laid in the 
cross-e.xamination the Question was a proper one. 

The objection was sustained by the Court. 

Q. Was there in the city pf Richmond a Catholic 
Theological Institute? 

Qui siion objected to by Mr. Bingham, for the same 
rea-son as last question, and objection su-stained by the 
Court. 

Q. in your acquaintance with Mrs. Surratt have yon 
ever known of a defective eyesight on her part? A. 
No, not particularly. 

Cross-examined b"y Judge Holt— Q. You say you know 
the character of the prisriuer. Mrs. Surratt. for Chris- 
tianity is good; have you any personal knowledge of 
hercharacter lor loyalty? A. No; my intercourse with 
her has never e.xt nded to political ad'aiis. 

Q. You have had intercourse with her as her pastor 
during the Rebellion, have you not? A. I am not her 
puslor. 



TRIAL OF THE ASSASSINS AT WASniXGTOSf. 



Q How ofteu have vou been in tlie habit ol" seeing 
her during the Rebellion? A. Sometimos not for six 
months, sfomeiimessix weeks and sometimes as oiteu 
aooucetiweeli. »■ -^i, , o a 

Q Have you had free conversation with her? A. 
Mv conversation would only be for alow minutes. 
aiid tlien ol a general cliaracter. 

y. Have you ever since the Rebellion heard her ntter 
Qne loyal s«;Uiinent? A. 1 do not remenil)er. 

Q. Can you state whether it is not notorious among 
those wiio know anythin,' other, that slie is intensely 
disloval? A. I do not remember that tuis tliin;< was 
ever talked about stall tUl since this last allair hap- 
pened. 

Testimony of Father Boyle. 

By air. Aiken.— Q. .State your residence in this city 
and occupation? A. My re.sideuce is at St. Peter's 
Church: 1 am a Ciitholiopriest. 

Ci. Are vou acquainted with the prisoner, Mary E. 
Surratt? A. I have some acquaintance with her: 1 
made her acquaintance some eight or nine year,-, ago; 
I have merely met her casually some three or lour 
times since then, 

Q. Do you know anything of her sreneral reputation? 
A. I have aiwaj's heard her spoken ol* as an estima- 
ble lady; I never heard a word said to her disadvan- 
tage. 

Q. In all vour acquaintance with her, did you ever 
hoar her utter a disloyal sentiment? A. I never did. 

Cross-e.tumiiied bv Judge Holt.— Q. Have you ever 
heard her utter a loval sentiment? A. I luvur heard 
nvuch or her sentiments at all; I saw her so little, and 
at such long intervals, that I could not undertake to 
say what her general character lor loyalty is. 

Testimony of Father Stonestreet. 

By Mr. Aiken.— Q. State your residence and occupa- 
tion. A. I reside at present in Washington ; 1 'am 
pastor of St. Alovsius church. 

Q. Are you acquainted with the prisoner, Mary E. 
Surratt? A. I am. 

Q. How long have you been acquainted with her? 
A. Itirst met her more than twenty years ago in Alex- 
andria; alter that I did not see her for ten years, and 
sincethen only in transit as I was passing. 

Q. Have you not within the past two years been more 
intimate with htT? A. I have scarcely .seen Iht. 

Q. I'o you know her general reputationas a Christian 
and a lady? A. I have always looked upon Lier as a 
proper. Christian lady. 

Q, Have you in all your intercourse with her ever 
heard her utter a disloyal sentiment? A. Never; but 
there was no question of the kind at the time I knew 
•her. 

Cross-examined by Judge Holt.— Q. State whether 
you have probably seen her since the beginning of the 
Rebellion? A. I do not remember having seen her at 
all; I have no knowledge whatever of her character 
for loyalty except what I have^eeu in the papers. 

Testimony of Sirs. Eliza Mollaban. 

By Mr. Aiken.— Q. Are you acquainted with the pri- 
soner, Mrs. Surratt? A. I boarded with Mrs. Surratt 
from the Ttli of February until the lOth of April. 

Q. Are you acquainted with the prisoner, Payne? A. 
I neversaw him as Payne; I saw the man pointed out 
as Pavne at her house twice; he called liimself Wood. 

Q. XViieii did he first come to Mrs. surratt's house? 
A. I saw liini first there in Fcbl%ar3-, and the second 
time during the month of March. 

Q. St.nte under what circumstances he came to Mrs. 
Surratt's house, and how he introduced liimself. A. 
Indeed 1 do not know anything about it; I went into 
the parlor and was introducid to him as Mr. Wood; I 
never changed a word with him atall. 

Q. Hid he represent himself a Baptist preacher? A. 
I asked Miss Ann Surratt who he was; she said he was 
a Uaptist minister; I said I did not think he would con- 
vert many souls. (Laughter.) 

Q. At that time, how long did he remain at Mrs. 
Surratt's house? A. I never saw him but one night. 

Q. Did Mrs. Surratt keep a boarding house;? A. I do 
not think she did; only my family and another young 
lady boarded there. 

Q. Was she in the habit of giving people rooms in her 
hou?e? A. I do not know anything about it; I never 
saw Mrs. Surr.att until I went to board with her; I 
never heard of her. 

Q. How long did Payne stay there when he came in 
March? A. 1 do not know; two or three da vs. I think. 

Q. When was the la-st time you .saw him at Mrs. Sur- 
ratt's house? A. It was some time in March; 1 do not 
know thecxactday; I thought he v.as a friend of theirs 
and never aslied any questions about him; I think it 
was about the middle of the month: it was alter the 
inauguration of the President I know. 

U. Have you ever seen the prisoner, Atzeroth, at 
that house? A. I have, though I never heard his 
name there. 

Q. When was that? A. I do not know; I saw him 
come in at times: the ladies calledhim "Port Tobacco." 

ti. Was any obiection made on the part of anv of the 
family to his being there? A. X heard Mra. Surratt say 
that she objected to Atzeroth: thatshe would notboard 
him; I heard her say at the table that she wouldrather 
he would not come there at all. 



Q,. Have you been intimate with Mrs. Surratt? A. i 
cannot say that 1 was intimate: 1 liked her very 
much; she was a very kind ludy to board with. 

(4. Did you have frequent conversations with her? 
A. Not very. 

Q. Were you acquainted with J. W^ilkes Booth? A 
I haveseeu him at Mrs. Surralt's; I met him once im 
tiie inirlor. 

Q. Did he come frequently to Mrs. Surratt's hon.se? 
A. I never saw him there but three or lour times, and 
never met him but once. 

Q. Did he spend most of the time when he came 
therein company with Mrs, Surratt? A. I think he 
did: lie would ask lor Joliii Surratt, and if he was not 
there he would inquire for Mrs. surratt. 

Q, Have you learned anything while boarding with 
Mrs. Surratt of hrr deieetive eyesight. A. I never 
saw her read or sew alter candle light. 

Q. Have you been in the habit of attending church 
withMrs. Surratt? A. Yes; during I^eut we went to 
q\iurch very often together. 

Q. Was she during that time constant In her reli- 
gious duties? A. i believe so. 

Q. When was the last time you saw herson. John H. 
Suiratt, at her house? A. Some time in Ma'-ch. 

CJ. Have you seen him in thecity since that time? 
A. I have not. 

Cioss-examlned by Judue Holt.- (i. Tou sav you 
neversaw Mrs. Surratt si^w or read after dark: have 
you not often met her in the parlor at gas-light? A. 
Ves. 

Q. Did she ever have any difTiculty in recognizing 
you or anybody she Wiis acquainted with in the parlor 
by gaslight? A. No sir. 

Testimony of Miss Ilonora Fitzpatrick. 

By Mr. Aiken.— Q. When did you commence board- 
ing with Mrs. Surratt? A. Theuthof October last. 

Q. How long did you board there? A. Until the time 
I was arrestea, after the assassination. 

Q. When did you first meet at Mrs. Surratt's house 
the prisoner Payne? A. I do not know what month: 
I met him during the winter; I first saw him at break- 
fast. 

Q. How many times did yon meet him? A. I only 
saw him there twice. 

Q. When w:is the last time? A. In March. 

Q. How long did he stuy at that time? A. I do not 
know: I started to Baltiuiore the next morning alter 

Q. How long did you stay in Baltimore? A. A week. 

Q. Was Payne gone When you returned? A. Yes. 

Q. Do vou know tlic iirisoner. Atzeroth? A. I do, 

Q. When did he lirst come to Mrs. Surratt's? A. I 
do not know the day of the mouth. 

Q. How long did he stay there? A. Only a short 
time. 

Q. Can you state under what circumstances he left? 
A. I do not know under what circumstances; 1 believe 
Mrs. Surratt sent him away. 

Q. Are you aware of Ilia getting drunk in the house 
and making disturbance? A. I am not; I heard he 
had bottles up there, but I didn't know anything about 
his getting drunk. 

U. What room did you occupy in the house? A. I 
slept in the same room with Mrs. Surratt and her 
daughter, Anna. 

Q. Was there a photograph of Booth In that room? 
A. Yes sir. 

Q. Was it yours? A. No. 

Q. Have you ever seen that picture, 'Night and 
Morning?'' A. Y'es. 

Q. Was that yours? A. No; that belonged to Mrs. 
Surratt's daughter. 

Q. Do you know anything about Booth's picture 
being placed behind that? A. No. 

ti. Did you own many of the photographs in ths 
house? A. Not many; I owned some in the albums. 

Q. Were there iihotographs of Union ( Jenerals in the 
house? A. I saw one oi McCluUan, J think. 

Q, Did you, wiiile you were in the house, know any- 
thing of defect! veevesight on the l);:r: olTars. Surratt? 
A. I know she c mid not read or sov/ at night, on ac- 
count of her eyesight. . ^ ,„ . ,_ 

Q. Are you acquainted with Louis J. Weichmann? 
A. Yes. „ . w, . 

Q. Was he treated in the house like a frlentC A. 
He w:r3 treated more li'ce a. son. , 

Q. When did you last see Booth there? A. The 
Mondav before the as.-'a'^i^nation. 

tj. When did you hist see John Surratt? A- The 
night that he leit the house, two weeks betore the 
assassination. .,..,, 

Q. Did you see him anywhere in the city during those 
two weeks? A. No. , , _ .. 

Q. Did you ever buy any photographs of Booth or 
give one to Miss Anna Surratt? A. 1 bought one, and 
she bought one hersulf 

Q. Have you ever known Mrs. Surratt to be unablo 
to recognize persons of her acquaintance in the street? 
A, I remember of her pa.ssing Mrs. Kirby in the street 
once, without recognizing her; she did not see her 

Q. Was Mrs. Kirby on the same side of the street 
with her? A. Y'es sir. ^. , 

Cross-examined by Judge IIolU-Q. Did you ever 



90 



TRIAL OF THE ASSASSINS AT WASHINGTON. 



tnow Mrs Surratt to have any <Jifficnlt>- in recoeniz- 
ing lier friends in llio parlor by gaslighr; did she always 
recognize yon? A. Sliedid. 

Q, vou spealc of owninrr ^omeof these photc^rraphs' 
did you own llic pliotO!,'rai)lisof t^tenlK-ii?. Davis and 
Beauregard? A. JSo sir. ILiey did not belong to nie. 

Testimony of Oeorge H. Calvert. 

George H. Calvert was next called as a witness for 
the defense, and f|uestioncd in reference to a letter 
writien by lilnilo Mrs.Sur'-att on tlielitli of April last, 
but the letter itSLlf not boins in court, his examina- 
tion was postponed until the letter could be iiroduced. 

Testimony of B. F. Owynn. 

By 3Ir. Aiken.— Q. Where do you reside? A. In 
Prince Geoi't'es county, Maryland, near Surrattsvllle. 

Q. Are you acquainted wiili the prisoner, Mrs. Sur- 
ratt? A. Yes; I have been acquainted with her seven 
or eight years. 

Q. Were you present at her house in Surraftsville in 
April last? A. 1 was, tlieday the inurdi rofthePiesi- 
denti 1 came ironi Marlboro', and met her tliere: while 
I was pas-sing in the carriage Sirs. Surratt said she 
wanted to see me, and 1 siopjied to see her. 

Q. Have you been in the habit of tranjactingbusiaess 
for her? A. Yes, I have transacted some business lor 
her; I sold some land for her. 

Q. Did you transact any business for her that dav? 
A. Ko; she gave a letter to me togive to Jir. Knrthe. 

Q. Were you present at the house when Mr. Floyd 
returned? A. :No sir. 

Q. Are you acquainted with John M. Floyd? A. I 
am. 

Q. Did you meet him that day? A. I did, at Marl- 
boro'. 

Q. What time in the afternoon of the 14th did yon 
s?« him? A. At about four or lour and a half: Iparted ' 
■with him at the road; I did uut see him afterwards. i 

Q. What w.ns hiscondiiioaat the time? A. He had ' 
been drinking right smartly. I 

Q. liidlieseom to Deconsiderablvinto.vicated? A. I 
could hardly tell that; he acted like a mau who had' 
been drinking some. I 

Q. Had y..u a personal knowledge of Mr. Nortbe's 
buying land of Mrs. Surratt? A. I had of his buying ' 
land of her husband. i 

Q. Did yon know personally that she Tras there that i 
day on that business? A. >;ot except bv the letter. | 

Q. \\'as :Mr. J-'.oyd present at the time Mrs. Surratt 
banded you that letter? A. Kosir. 

Q. Did you see him again that afternoon? A. I did 
not. I 

Cross-esamined by Judge Holt.— Q. D'd von have ! 
any conversatifin with Mr. Flovd that alu-ruoon? A.; 
Yes, I think I did see him three or lour tunes that day 
at Marlboro'. i 

Q. I mean at home? A. I did not see him after he i 
got home. I 

By the Court.— Q. How far is it where you partetl 
■with him on the road to Surrattsville? A. About five ' 
miles. 

Mr. Aiken.— Q. You received tho letter? A. Yes, 
and read it; the direction on the outside was, to read 
Jt and deliver it to Mr. ^'orthe. 

Testimony of Captain Geo. Cottinsrham. 

By Mr. Aiken.— Q. What is vour business? A. 
Special officer in Major O'Beirne's Board of JinroU- 
nient. 

Q, Were yon engaged In making any arrests of par- 
ties alter the assassination? A. I was. 

Q. Did you arrest Juhn M. I'ioyd? A. Ko sir; my 
partner, who w.s with me, arrested him. 

Q. Didyouseehimaltcrhe wasarresied? A. I did; 
he was put into my care at the Post Olhc; at' Sur»aits- 
ville. 

Q. What information did Flovd give vou at that 
time? A. He denied knowing anythmg iibi>ut it and 
fortwodayscontiiiueu to dcuy It. I linallv told liirn 
thati wasf-atislied he knew about it: liiat he had it 
on his mind and the sooner he got rid of it the better. 
Hesaid, '•Uh!myt.;od,if 1 should makea confession 
liiey would murder mo." .'-Jaid I, 'v.-ho would 
murder j-ou?" He said these parties in the conspi- 
racy. I told him tluit it ho w.a.s going to Iree 
himself by letting these parties jiet out i.f it, that was 
his business, not niiiu: 1 then pui liim i]i ihegunrd- 
nonse; beseemed to be much excited: the Lieutenant 
went to ^\'ashington for n%ifur(enienls; jMi-. Flovd 
then stated to me that Mrs. (Surratt had cunio rtown'to 
h!S place on Friday, between fouraiidliV(>o'<lock;that 
«ho told liiia t ) have the (irearnisr.adv: that two men 
would call fori hem at twelve o'cUnk:" that two men 
did call; that Harold dsniuunted Irom his lior<;e and 
went into Mrs. Surratt sor rather Flovd'.-* tavern, and 
said '•! have something to tell you;" that Harold then 
told him to p(-t those tirearni.s: that liie firearms 
were brought down and Harold took one: iluV Bo(,th's 
carbine was cai-ned to him, whetlier bv Harold or 
JFloydl do not remember; but that Both said hecould 
not carry a carbine, it was asm u.:h us ho could do to 
carry himself; that his leg was broken: that Booth 
said "We have murdered the President." and tlu.t 
Harold said "\Vc have jicked oflf Si'wa-d;" I ask'Xl 
*loyd why he did not state these locis ju thelirst 



place and not allow these parties to escape: that he 
I at least could have spoken about the firearms being 
in the house. 

Q. What information didhe give yon about firearms 
A. I was in the house when became in from Brvau- 
town and commenced crying out and hammefin!;, 
"Oh, Mrs. Surratt, that vile woman, she has ruined 
rae: " I said to him, "Yuustated there were two car- 
bines, and that Booth could not carrv his; where Is 
that carbine?" he told me it was up s'tairs, that Mrsi. 
Surrait had some bags over it; I wvnt up. but could not 
lindi;;! toldthem I wou!d cut up the house before ? 
would go awjiy without it: with that he told the hired 
man lo get an axe: I did notgointo the room wherehe 
went until t heard three knocks on tho wall, ai;d I 
then went in. and after about the seventh blow I saw 
the carbine: it had been suspended bv a string abova 
the plastering; tho string seemed to have broken and 
it had fallen down. 

Q. Youd:d net find thecarbjnewherehe told vou is 
was? A. Ko : I hunted for it but could iiat lind it. 

Q. D^iringthesetwQidays.when Ma\ F;ovd was do- 
nyingttUknfw-led::eofthese parties did lie mention 
thenameoi' Jiii-s. Surratt? A. jSioi while he was de- 
nying it; after hocon essedhe mentioned lier named. 
Q. V\"ho was present besides voui-self at the time Mr. 
Floyd made this statement to you? A. Xobodvt'.uat I 
know except that Mr. Jenkins, » brotlKrof Sirs, s-ap- 
ratt, w.asup in the room when I said I knew that Jlr. 
Floy<l wasguilty and th.-it my mind was made np: I 
know that he was in the conspiraev: there had been 
blockade-runners .arrested at his house: his house Wits 
a head-quarters for Rebel? and blockade-runners dup- 
ing Floyd'soccupation of it. 

Q. Did he ever make any further statement? A. Y'es 
sir. 
Q. What was that statement? 

tauestioD ob.iei:ted to by Mr. Bingham, and objection 
sustained b.v the Court. 

<i. Do you re-olleet positively that Mr. Llovd use<l 
the woids "fire-arms?'' A.Ido. 

Q. Didheteil you Sfrs. Surratt bought ihem there? 
A. No; Ithink he said Johnny Surratt brought them 
there. 

Q. \Vhen did :\rr. Floyd state that Mrs. Surratt made 
that remark about the fire-arms? A. It was on Fri- 
day, between (our and live o'clock. 

(i. Didhehavethe appearanceat that time of bein? 
veryraitch friglUened? A. Vh no he was not aira:d; 
everything he said was voluntary; I advised him when 
I sent him down to Colonel Welles to make a clean 
breast of it. 

Q. Whatday of the week did he make this confes- 
sion to you? A. I think it was onTuesday or Wednes- 
day; I will not l>e positive: my business "was lo pre- 
pare the way for other officers tiver me. 

Q. Did hesa.v anything at that time nhnnt Mrs. Sur- 
ratt get ting him in to difficulty? A. Yes he did; he cried 
and ihrei#r his hands over his wife's neck ana howled 
for his prayer book: Mr. Floyd's wifeand Mr-. Olfut 
were there and hoard all the conversation in that 
room; 1 told them to trace up. 

Cross-examined by Judse Holt.— State whetlier .it 
the time Mr. Floyd mentioned the reasons why he had 
concealed his knowledge of this matter? A. He said 
lie was afraid of parties there; he wasalraid if hemade 
this confession lliey would nuirder him. 

Q. Who did you understand him to refer to? A. To 
those engaged in this conspiracy. 

Q. Wh:it w.is the prt-cise language he used in refer- 
ence to ifrs. Sumti? A. it w;i3 "Mrs. .SuiTatt. thai 
vile woman, she has ruined me: I am to be shot ! I am 
to be shot!" he meant by that. I suppose, that his guilt 
was so great there was lio hope for him. 

Re>exaraination of R. J. Early. 

(Former witnp«;s for the prosecution, but now sum- 
moned for the defens",!.— Q. You statvd iii your i ast 
e.\:'iuination iliat you came down to Baltimoreon 
'riiur>da.v afternoon in company with t)'^,aHghliri, 
LaiJtain Henderson and Mr. Murphy; will you state in 
what train you came? A. On the hatf-pasttliree o'clock 
train 1 believe. 

U- At what time did you reach Washiugton? A. At 
the usual time; 1 believe it takes two hours? 

(). Didyou coineon the Accommodation train? A. 
Idon't know what train it was; I think it reached heee 
about half-past live o'clock. 

Q. Xowl wish you would state, sir. where yon and 
O'Laughlin went to when you kit the cai"^. ai.d eV( ry 
place you wi're I'rescnt with him? A. Alter le.;vlp.g 
the tars we nia'le our way to the avenue to Lichaus or 
Pullman's hotel; I think we went inside there :;r:d 
came out again: Henderson went 'nto a barber's 
shoj) to get shaved: 0'L:iu-_'hl in then asked me :o go 
with him to ihe^atioual Hotel: when wegnt there ha 
lA-em lo thorte-lc, ti'llingme to wait, and he would de- 
tain meonly .1 few minutes; I wont as faras the door; 
helelt me standing there, and cjime bic-lc again in 
three to five minutes, and alter that we went back to 
I.:chau"s,anilihenceup the avenue. 

Q. Did you lake any supper there? A. No sir; wa 
went .-IS faras 1^:;erent!i street, and turned back and 
went to Wocker's dianersalo<jii,over Wall audSteveu- 
son's, I think. 

Q. iJid you lake supper thert-? A. Yessir. 



TRIAL OF THE ASSASSINS AT WASHINGTON. 



01 



Q. HowlonsTdid that last? A. I guess about three- 
quarters or an lioiT. 

Q. What liiiio did yon leave there? A. About eigrht 
O'clock or hall'-p:;st seven. I should say; aftor coming 
out of there we relumed to ItuUman .s Hotel, 
and procp cled as fur as the corner of 
TUirJ street. ^vhe^e O'Laughlin and Murphy 
he le't m(> and ITciidcrson. saying they wore goimr to 
see Mr. ITotmian. a siclc man, and would see us on the 
corner again; they returned, accompanied by Daniel 
l/ockran.and nCtcr that the five of us start' d nii the 
Avenue to see ihe illumination; ilr. Lnckran w.uitid 
us logo as far as the Treasury, as faras ilie iinlilic re- 
servation, above «ovenlli street, when onccomi)lained 
of sore feet, and would go no furtlier; we reUiined 
down the other side of the re=-.ervation, when Murphy 
and llendorsou said the.yhadlo leave: tliat was get- 
ting on tonino o'clock, and we wont into the C.mier- 
bury Music Hall just as the.v were lini-^liiiig liiefirst 
Diece: we remained there till about ten o'cloclc. and 
then wcut to Ilio Metropolitan Hotel, and IVoni there 
went to lliilluian's Hotel; we reached there about a 
quarter or lia'l-jiasi ten o'clock. 

Q,. Was O'Laughlin with you all that time? A. He 
was sir. 

Q. How late did you remain there? A. About one 
hour sir. 

Q. Did anybody join you there? A. Mr. GUett was 
jK^sslug tliere wiih a lady at the time, and stujjpedand 
suoketo O'Laugiil'ii, I believe; we left there tlien and 
the others Joined us. and we went down the avenue as 
fonts Second sr.'et.I believe; Mr. 0'I,au:Thlin was 
acquainted ill a saloon on the corner of i: and Se- 
cond streets, where thei-e was a dance or some- 
thing going on. and took us over there; one of ihe 
party bouglit tickets, and we went into the bail; we 
Btaj-ed there about an hour, and came out and went 
npthe avenue again, and went into the Metropolitan. 
and remained there till after one o'clock: wc tlienweut 
out for five minutes, came back and went to l«d. 
. Q. Was O'Jjaughlin with you all that niglit. A. Yes 
sir. 

Q. Do yon know where Secretary Stanton's house is? 
A. No sir. 

Q. Do you Icnow where 'Willard's Hotel is? A. Yes 
sir. 

Q. Now Stanton's house is more than six squares 
north of Willard's; I will ask you whether O'Laiaihlin 
could have been there between nine and eleven 
o'clock? A. No Kir. (Objected to). 

Q. Now sir, you stated that on Friday you woke him 
at the hotel, and that he was with you most of Friday? 
A. Yes sir. 

Q. Will you exnlain again where he was till bed 
timeon Frida.^' ni'-'lit? A. I was only witli him from 
nightfall; he was at the hotel from supper till the time 
he went out wii h Mr. Fuller. 

Q. Whore did you have supper? A. At Welker's, 
Bin at the si'ime place. 

Q. When did you go there? A. At about R o'clock. 

Q. How long did you stay there ? A. I suppose three 
quarter.s of an hour. 

■Q. You said you was there when the procession 
passed of Navy Yardmen? a. Ye^ sir. 

Q. Where did you go from there? A. We returned 
to RuUman's. 

Q. How Jong did he stay there? A. I can't say ex- 
actly; IrecoUectdistinctlyhisgoing with Fuller, but 
I don't recolU'c.C for certain whelAer It was before or 
after the procession pas.sed. 

Q. Do yon. k now how he was dressed on Friday eve- 
ning? A. Yissir;he had a coat similar— it was just 
like a frock coat behind. 

Q. Look at that coat (pointing to the prisoner); is 
tljat thesame? A. Yes sir. 

Q. Is that the S!>me pants? A. Yes sir. 

Q.. Did yo'.i nuik/' them? A. Yes sir. 

Q. What sort of, -i vest had he? A. It was of the 
same material as the pantaloons. 

ti. Wliat color? A.Weil, a sort of plaid, onlv it is 
Striped up and down, a kind of purple and green." 

Cross-examin iliun by Judge Holt.— Q. HI ale whether 
or not .vou were under the influence of liciuor that 
nigut. A. Weil, ves, towards ten ficlock. 

Q,. How olten did you drink before ten o'clock? A. I 
could not sa.v how many times I drank; we drank 
pretty considerable. 

(i. Eight times; ten times? A. I think we might 
have drank as Olten as that, but it was mostly ale; I 
never saw U'Laughlin drink anv liijuor. 

Q. You were not separated from him at all on Fri- 
day evening? A. Not till the time he went out of the 
house. 

Q. What time was that? A. Ten o'clock, or a little 
afier. 

Q. When did you see him again? A. On Saturday 
murniog. 

Q. Where did he leave vou? A. At 10 o'clock on 
Friday night, at Ruilman's Hotel. 

Q. Whore is thai? A. Between Third and Four-and- 
ft'ilialf street, the second d; or from the GlobP ofllee. 

Q. Did.Ue go out then? A. Yes sir; with Mr. Fuller. 
. By thefourt.— Q. How long were you at the dining 
table on Thnrsda.v? A. From three-quarters ot an 
hear to an hoar; we had to stay there until the dinners 
■were got readv for the four ot'us. 



Q. Was there considerable wine drank there that 
I afternoon? A. No sir, we had no wine. 
j By Mr. Cox.— Q. Do you recolle"i what time it was 
whonycu lelt the Canlcrhury, ouTliur-^dtiv luglil? A. 
I It was ."iiKM- I'ie dance l)v some vouug (:'(l;os 
I 0. Did 1 understand j'ou to sav O'l.unghlin never 
[ drinks whisky? A. I seldom if ever saw him drink 

<i. Did you ever see him drink? A. Only twice, I 
believe. 
U. 1 lave you known him long? A. For Ihe last five 

years, and fur the last ton months more ej^iecially. 

Toslimony of ]»Ir. ^Inrpli.y. 

d. Whore did you reside? A. In Bait inicre. sir. 

Q. Did you come to Washington oii Thursday, April 
13th. A. Ves sir. 

Q. In what compauy? A. With O'Laughlin, Hcn- 
der.son and l':arly. 

Q. Who ])roi)ospd the trip? A. Henderson. 

U. What lime did you get to Washington? A. About 
five o'clock. 

Q. Will youstateall that took placeall that evening? 
A. We came from the ilepot down to Bullm^^i's, and 
there took adrmkor two: we started I'rom theroand 
went to tile MriropolitLiii. ai.'! went to seven:! places; 
wet'Ok suppia- at, Walker's about eight o'clock; it 
might have been abontlialf-nast seven. 

Q. llow loiii; v.-ereyouof-ciipied there? A. It might 
have been aliout luilt an hour. 

Q. Did siiiiper have to be prepared? A. Ye-i sir. 

Q. Alter y u lelt there where (I'd you gr'.' A. We 
■Went to Bnllman's again, and there we met Dan 
Lockran: we thin went tr) see the illuminations, and 
stopped on iho comer of Ninth stro t and lh'> avenue, 
and j'.lterstoiipiug tlieresome lime we started, and 
went to tlieC'aiiterbury, leaving tln-m at ten o'clock to 
go to itnllnian's: it wasahoul a qiiaiter ]);;st ten wliea 
we ico6,t!icn'; •iv.' tleii went to Plal/.'s.aiid s'.aid there 
aljont an hour iiiid a 1 1 till', and I hat bionght us to half- 
past eleven or twelve o'clock; we then sUirle.l f.r Bid- 
dies, on the corner of D and Second street, and staid 
there till half-jiast twelve or one o'clock, and then 
came back to the corner of Sixth street and the Ave- 
nue; and went from thereto the- corner ot Tenth and 
the Avenue, where we staid a while. 

Q. What was gnin-gon there? A. It was an all-night 
housi'. and we went ill to get some refreshments. 

Q. What time d:dyouget back to the MrtroMolitan? 
A. Abijvit two or hall'-p^st two; we went across the 
way to get ad rial:, .ind t think that brought us to half- 
j)ast two o'clock, and then we went to bed. 

Q. Did [ underst;inil you tosay thtit O'Laughlin was 
Willi you all that time? A. Yes'sir, all that day; oh! 
he went with Karly and left us about five miiiufes and 
weiitto the Nalioiial Hotel: that was while Heu^r- 
son was grtting shaved; I didn't go but waited until 
they can.e h;u-k. 

(J." Do you know where Secretary Stanton's house is? 
A. Yes Kir. 

Q. Stale whether O'Laughlin was there th.it night. 
A. No nearer than the corner of Ninth and Benusyl- 
vaiiiti avenue. 

Q. Did you see him on Friday? A. I was all day 
with him up to eight o'clock at night, when the three 
of thei'a left me to go to supper. 

Q. You did Motgo to suiiper then? A. No sir. 

Q. Did you see him on Saturday? A. Yes sir, I was 
■with him from nine o'clock until we went to the de- 
pot, pot our tickets, and went to Baltimore? 

<i. Were you at Jlullnian's Hotel when the news of 
the President's assassination reached there? A. No 
sir. 

Q. During this trip wh.at was his -mannr;-— did h© 
ajipetir excited? A. No sir; I never saw hna in better 
spirits in all mvlifotlian he was then. 

(J. I will a=k"you whether it was the planofyour 
partv to gohaek to Ballimore on Friday afternoon? 
A. ■^'es sir. it wiw our intention to go. but westayed at 
the intercession of Mr. Henderson, who wanted to see 

' So the whole party went up on Saturday? A. I did 
not go tillfsuuda.v morning. 

Testisiiony of Mr. O. I,.oekraii. 

Q. Do you reside in this city? A. Ye-j sir. 

Ci. Do you know tlicaccnsed? A. Yfssir. 

Q. Ifo'w long have you known him? A. Abont 18 or 
20 months. 

Q. Did you see him on Thursday, the ir^th of April? 
A. Yes sir. 

Q. Atwhathour? A. At about a quarter nter seven. 

0. Where? A. On iho steps of JluUman's Hot-el, 
Pennsylvania a\enue. , „, . 

Q. Who wiis with him? A. Henderson, Edward 
Murnhy, Barney Early and O'Laughlin were the 
whole fiartv. 

Q. Did j-oii join that part^i-? A. No sir; I went home 
tosupper: 1 loined them abont « o'clock; O'Laughlin 
and MnrjiUv came to my boarding-house and we went 
b.v Adams' "Express olJice; they had left Henderson 
and Earl V on Pennsylvania avi'uue. 

Q After that where did yon go? A. To Bullman s 
Hotel . and from there to corner I'onnsylv.inia uvcnuo 
and Ninth street; when we got there I should Juage It 
was about !) o'cloc'c 



9: 



TRIAL OF THE ASSASSINS AT WASHIXGTOX. 



Q. Did vou look at your watch? A. Yes sir; some 
onesr.idii was too late to ko to the Treasury, and I 
looked ai iiiv waich and Ibuud it was nine o clock, and 
went lo lliocirncr of Scv.ntii and Louisiana avenue, 
andfromUiere to thefanifrbury. „ . , ^ ^ 

tj. At wliat timedidyougo iu there? A. At about 
hali'-past nine. I suppose. 

(i. How long did you stay? A. Till ten or a quarter 

Q. Wliere did you go from there ? A. To the Metro- 
politan. ^^ 

Q. A nd from ttiere ? A. To Rullman's Hotel. 

Q. AVhal tinio did you reach there? A. Probably at 
half-past tPiiocl'Ck. 

(>. 1 wdl ;usk vou whether the accused was with you 
fronitlie time Vou joined them till the time you went 
to Itnllman's itott'I? .V. Vcssir. 

ij. ] ). ) you know where Secretary Stanton's house is? 
A. No^ir. 

a. JJo you know where Franklin Square is? A. Yes 

Q. Could the accused have been there during that 
time? A. No sir. , „ , ,„ . 

Q. Diet anybody join you at Rullman's Hotel? A. 
Yts .sir;^Ir. itolette. 

Q. Uow late were you with them? A. Till after 
twelvo o'clock. . » . ..^ 

Q. Wiis o'1-aughlin with you all that time? A. Yes 
Bir. 

Q. Did you sleep in the same house with them? A. 
Kisir. 

Q. Did you see them ne.xt day? A. No sir. 

Q. Were you with them tlio next evening? A. Yes 
sir; between seven and eight o'clock, at the Metropo- 
litan Hotel. 

U. Wcrf^ you witii them any time during the even- 
iniL'? A. Yes: till half-past nine or a quarter past. 

U, Did they go to Walker's when you were there ? A. 
Kut that X am aware oi ; I heard them speuk ot going 
to supper ; I don't know whether they did or not. 

Q. Did you see them any more alter that? A. Is o sir; 
not that night. , .. „ . ^r 

Q. Dia you notice the dress of O'Laughlin? A. He 
had on plaid pant.s and vest andablack coat. 

Q. Look at the dress lie has uow. A. That looks 
like the pants, hut he had a vest on. 

A. What sort of a hat did he have? A. I think he 
hart a black slouched liat on. 

Dv the ( ourt.-Ci. What part of theCanterbnry play- 
house did you enter? A. We wont into the filty-cent 
place first, then Captain Henderson went to get his 
change corrected and tliev said tliey would give him 
tickets for the orchestra chairs, which was seventy-five 
cents apiece; so we moved from the place where we 
were first and went into the other seats just behind the 
orchestra. „ , , 

U? Did you all sit togethei? A. Two of ua sat to- 
gether, and the rest ri^lit behind us. 

Q. You saw the whole party all the time you were in 
the house? A. Yes sir. 

Q. None left till all lea? A. We all left together. 

Ev Mr. C'ox.-Q. What \vas O'Lau-blins manner, 
did" he seem excited? A. He apin-ared very lively 
and made the remark that tbey luul eome irom Balti- 
more to see the illumination and have a good time. 

Q. Was he intoxicated? A. I don't think he was; he 
wa-s lively andmerrj'-like. 

Testimony of Mr. Rolette. 

Q. What is your business? A. I am solicitor for a 
Kew "^'ork cracuer bakery- 

Q. Do yo'i know the accused? A. Yes sir. 

ii. How loiii,' have you known him? A. In the neigh- 
borhood of two years. 

<i. Did you see him on the evening of the 13th of 
Aiiril? A. Yes sir, between ten and half-past ten 
o'<i!oclf 1 had been to tlie Capitol \vith a lady, and 
when r passed buck I saw him on the steps of Hull- 
man's Ilotel. 

(i. Mate whether you joined that party afterwards. 
A. Yes Bir. 

Q. How long were you with them that evening? A. • 
Tillubout iL" o'clock. 

Q. Did you see him the next day? A. Yes sir; on 
Friilay morning, and 1 was with the whole party on 
Friday night until between eleven and twehe o'c ock. 

(i. \Vhere were you wlicn you received the news of 
the President's assassination? A. At liuUman's 
Hotel. 

(i. Was O'Langhlin there? A. Yes sir. 

(>. Do .you know anything of his going away from 
the hotcl'that 111^14? A. lleand riiUerweiit ouisonie- 
tinie after the news was received ot the President be- 
ing killed. 

(j. Did you notice his behavior when he heard the 
news of llie ^'resident s assassination? A. 1 did not, 
feir. 

Q. Do you know how he was dressed? A. He had on 
a pair of tecoleh plaid pants and vest. 

Testimony of Mr. Purdy. 

Q. Do yon reside In the city? A. I do. 
Q. What is your business? A. lam auperintendent 
Of Kullman's Hotel. 
Q. Do you know the accused? A. Yes sir. 
U. Did you sec him ou Thursday, the 13th of April? 



A. I saw him with Mr. Rolette, Mr. Murphy and Mr. 
Early. 

Q. Where were they? A. At my restaurant. 

Q. At what hour? A. About half-past ton r>clock. 

Q. How long did they stay? A. Till about twelve, 

Q. Were they there all that time? A. I don't know; 
I was all round in the kitchen and other places; I 
closed about twelve o'clock. 

Q, Were they there When you closed? A. Yes sir. 

Q. Was O'Laughliu with them? A. Yes sir. 

Ci. You know him well? A. I have known htm 
about three months. 

U. Did you see them on Friday nigt? A. Yessir. 

Q. At the same place? A. Yessir. 

(.i. Were you there when the news Of the assassina- 
tion reached you? A. Yessir. 

Q. Did you communicate it to them? A. I told them 
that a Cavalry Sergeant told me the President was 
assassinaieil. and that Booth was the one who did it; 
heseemeds'irprised, and said he had bten in Eootli's 
company, and people might think he had something 
to do with it. 

Q. What time did he leave there that night? A. 
Near one o'clock. 

Q. Did the entire party go then? A. Yessir. 

By the Court.— Ci. You say you have known him 
about three months: has he been much about the city? 
A. He would be down two or three times a week; 
sometimes I would'nt see bim fortwo orthree weeks. 

Q. Did he always stay at your house? A. Yessir. 

By j\rr. Co.x — Q. Look at his dress, and say whether 
it is" the same he wore that night. A. 1 think it is; I 
didn't pay much attention to his dress. 

Testimony of Mr. FnlHer. 

Q. Do you reside in the city? A. Yessir. 

Q. Do you know tliQ accused? A. Yes sir. 

Q. How long have you known him? A. Between 
twelve and fourteen years. 

Q. Did you see him on either Thursday or Friday, 
theiuhand 14th of April? A. I saw him on Friday. 
the llih. 

t>. Where? A. At Rullman's. 

Q. What timeof day? A. Between seven and eight 
o'clock in the evening. 

ti. Did you see him any later? A. Yes sir; between 
ten and eleven. 

U. How near ten? A. I can't say exactly; it was be- 
tween ten and eleven. 

U. I )i(l you leiei ve the news of the President's assas- 
sination "that night? A. Yessir. 

Ci. Do .vou know where he was between eight and 
ten o'elo'ck? .\. I do not, sir. 

U. What was his conduct when he heard the news of 
the President's assassination? A. He looked sorry. 

Q. Did he show any fright? A. No sir. 

O. Did he s:iv anything about Booth? A. No sir. 

Cross-examination by Judge Holt.— (J. Did he go 
homi< with you? A. Yes sir; he used to often go home 
W'ith me. 

Q. Did you invite him to go down with you? A. I did 
sir. 

By Mr. C!ox.— Q. Did he ever reside in Washmgton ? 
A. Yessir, 

Q. Is his brother in business here ? A. Yes sir. 

Re-examination of Captain C'oldini^ham. 

Q. State again the precise language tbatMr. I'loyd 
used iu liis confession with relerenee to IMrs. Surratt. 

'I'hequesiion was objected to and withdrawn. 

C. 1 will ask the witness if he *lid not make a diffe- 
rent statement to me vyith reference to Mr. Floyd's 
confession? , . ~. 

This question was also objected to. but after some 
discussion the objection was withdrawn by the Jud^e- 
Advocale-General, and the witness answered as tol- 

A I should like to relate the whole conversation 
between Mr. Aiken at the Metropolitan Hotel; I think 
it was Sunday evening; he asked me to take a drink, 
and 1 took a drink with him; ho said I am going to 
haye you as a witness in this case: ho told me to sit on 
the sofa, but 1 said I Would go<Hitside; the first ques- 
tion ho put to nie was was I aC.'itholic: I told bim no; 
then he said .Mr. Floyd had made a conlession to me 
about Mrs. Surratt and said, will you state 
to 1110 what that confession was; I said 
I decline that, but I will answer any question you 
put lo me; be wanted to pick it out of me, and I 
didn't think 1 was bound to tell him. 

Q. Did I ask you if Jlr. Floyd said anything in refe- 
rence to lireainis? A. You asked me if Floyd hi'.d 
made a conlession tome, and I said yes. and you s.aid 
what was it? and I declined answtring. but I said I 
would answer any question you woul<l ask. 

(1. What did yon tell mo this alteruoon? A. I told 
yon a lie; you wer(> trying to pick oulol me, and I told 
"you that you iniirht call me into Court, and 1 would 
state wlia"t X had lold you, a lie, and uow slate that I 
did do it. 

Testimony of Mr. Morton. 

Q. Did you see O'Laughlin in Baltimore on Sunday 
night? A. Yi ssir. 

Cl. Do you know whether he had been informed that 



TRIAL OF THE ASSASSINS AT WASHINGTON. 



93 



an officer had been in search of him? A. That is what 

he to'.d uie. _ . 

Q. D;Uliesayhe wasRoing to give himself up? A. 
Yes sir; he said he would on Monday morning. 

Testimony of OeorgeB. Woods. 

Q. Wheredo you reside? A. In B\)ston. sir. 

Q Have vou been in tlio linb • of seeinjc the photo- 
gniplis of leaders of the Kebellion exposed for sale 
there? A. Yos sir. 

U. Freely exposed? A. Yes sir; photographs of all 
celebrilie^. 

Q. Have yon .seen them in the possession of persons 
supposed 10 be loyal? A. Yes sir. ■ 

Tuf Court then adjourned until 10 o'clock to-mor- 
row morning. 



Wa.shington', May 2fi.— The Court room was to-day 
again crowded with spectators of both se:^es, the largest 
portion of them bcingunablc to find scats. The main 
attraction is tlie appearance of the prisoners. 

AJ'tcr the reading of the testimony taken yesterday, 
Mr. Aiken, the counsel lor Mrs. Surratt, made an ap- 
plication ibr the recall of Mr. Van Steinaker as a wit- 
ness for cross-examination, stating that since li is ex- 
amination material facts had come to the knowledge 
of Mrs. Surratt, which would enable the counsel to 
contradict the witness. He did not desire to call Stein- 
aker as a witness for i he doJense. 

Judge Advccato-General Holt said that the fitness 
had been e.xamined and discharged without objection 
by counsel. If the latter desired him for the delence 
theGovemment would make an effort to find him, but 
he declined to recall him as a witness for the prosecu- 
tion. 

Rc-exainiiiation of IS. F. Owynn. 

By Mr. Aiken.— Q. Did you carry a letter fer Mrs. 
Surratt for Mr. Notlie.v on the 14th of April last, and if 
so is this the letter jou carried? A. It )s; I read the 
letter at the time, b.y her direction. 

The counsel then placed in evidence the following 
letter:— 

brnRATTSViLLE, Md., April 14. 1865.— Mr. John 
Koihey.— Sir.— 1 have this day received a letter from 
Mr Calvert, intimatini? that either ynu or your friend 
have represented tohim that I am iiotwilling to settle 
with yon lor the land. You know that I am ready, 
and have been v.-aiting for you for the last two years; 
and now, if you do not come within the next ten days, 
I wi.l settle with Mr. Calvert and bring suit against 
you immediately. Mr. Calvert will give you adeed on 
receiving payment, (.Signed) M. E. St:Ri;ATT, 
Administratrix of J. M. Surratt. 
Testimony of Fiitber I.>anahan. 

B5' Mr. Aiken.— Q. State your residence and occupa- 
tion. A. My residence is at Charles county, near 
Beantown: X am a Catliolic priest. 

Q. Ave you acriuaiated with the prisoner Mrs. Sur- 
ratt? A. 1 have been acquainted witli )jer about thir- 
teen years, and intimately (or nine years. 

Q bo you know her general reputut'on as a Chris- 
tian woman? A. Yes; she is, in my estimation, a very 
good tHiristian woman. 

Mr. Bingham- Wedonot want your estimation, hut 
her general reputation. 

\V;iness— Her character stands in the neighborhood 
where she lived a^ a good Christian woman. 

Q. Ha- shebeen attentive to her religions duties? A. 
I could not sav exactly, because she does not belong to 
my congregation. 

CJ. Have you ever heard her express anv disloj'al 
sentimeni? A. Never. 

Q. Bo you know personally anything as to defective 
eyesight on her part? A. I do not. 

Q. Ha.s she never, in your presence, been unable to 
recognii;e Iriends ashort distance from her? A. I do 
not remember: 1 cou!d iiot swear to that. 

Cross-examined by Judge Holt.— Q. Have you had 
conversation with her since the Bebellion in regard to 
tlie aifairs of the country? A. I have. 

Q. Have you ever heard her express a loyal senti- 
ment? A. I do not remember that I have. 

Q. Is net her reputation that of a disloyal woman? 
A. I think not: she n.-ver exju-eshed that sentiment to 
me; I m;i,y tuive heard hor general reputation f( r loy- 
alty or disloyalty spoken ol, but I do not remember it. 

Testimony of Kev. Fat&er Yonug'. 

Q. State your residence and occupation. A Resi- 
dence at Bominick's Church, Wiishington; I am a 
Catholic priest. 

Q. Are you acquainted with the prisoner, Mrs. Sur- 
ratt? A. I have known her 1 think about eight or ten 
years: I cannot say that mv acquaintance has been of 
an intimate character: I had a congregation in the part 
of the country where she lived, and in passing by her 
house about once a month I have occasionally called ! 
lor about half an hour. 



Q. Are you acnuainted witli her general reputation 
as a Christian lady? A. lam; so far us l have heard 
it spoken ot. it has bopii with the greatest praise: I 
never heard anything whatever un!avo:able to her 
cha: acter, but on the contrary everything highly la- 
vorable. 

Q. In all your intercourse with her have you ever 
heard her express a disloyal sentiment ? A. I do not 
recollect otever hearing lier spsjak on that question at 
all. 

Q. Have yoti personal knowledge of anv defective 
eyesight on her pari? A. I cannot say thai I have; I 
never heard of her havino; weak eyes: 

Q. You have never been present when she was un 
able to recogni/e her friends at a little distance? A. 
Kot that 1 remember. 

Testimony of George H. Calvert. 

By Mr. Aiken.— Stai'B whether on or about llie h'ith 
of April last you addressed .a letter to Mis. Surratt, 
and If so, whether this is the letter? A. 1 did; this ia 
the letter. 

The counsel for the accused then produced the fol- 
lowing letter, which was read. 

■•i;iVKi;s]).\T.E. April 12. ISKi.'i- Mrs. M. K. Surratt— 
BearlMadam:- During a late visilfb the lower port'oa 
ofllieeoiuity 1 ascertained of ihe willingness of Mr. 
Nothey to settle with j'ou, and desire to call your at- 
tention to the lact in urging the settlement of tlie 
claim of my late fathers estate. However unplea- 
sant, I must insist upon closiiigup this matter, as it 
is imperative in an early settlement of the estate, 
which is necessary. You will, therefore, please in- 
torin mo, at your carliesfconvenience, as to how and 
When you will beableto pay the balance remaining 
due on the land purchased by your late husband. 
■'Yours, respectiullv, 
"(Signed) GEORGE H. CALVERT, Jr." 

Q. Were you at Surrattsvilie on the 1-iih of April? 
A. I was not. 

Testimony of W. T,. Iloylc, 

By Mr. Aiken— Q. Are you acquainted with Mrs. 
Surratt. the prisoner at the bar? A. I have a store ac- 
quainrance. 

Q. Are you acquainted with her general character? 
A. I know nothiig of her, except as a store acquaint- 
ance; i have never conversed with her, except in the 
store. 

Ci Have you heard Mrs. Surratt express any di-S- 
lo.val sentiment in your presence? A. I have not, 
either loyal or disloyal; I have had no political conver- 
sations With her. 

Q. Are you acquainted with John H. Surratt? A. I 
knew liirii by sight. 

Q. When did you see him last in this city? A. The 
latter jiart of Februaiy, or urst of March, just {.rior to 
thedrail. 

Q Describe his personal appearance. A. He is tall; 
rather of light comple.xion, delicate looking, and be- 
tween twenty and twerrcy-three years of age: I think 
about si.x feet in height; I cannot say whether he 
wore a goalee or moustache; my imiiressiou is he did 
not. 

Cross examined by Judge Bingham— Q. Do you know 
he was over five feet nine inches in height? A. Kot 
positively. 

Testimony of P. H. IWanlsby. 

By Mr. Cox.— Q. State your residence and occupation. 
A. Residence, Baltimore; occupaiion, clerk to Eaton 
Bros. & Co. 

Q. Are .vou related to the accused, Michael O'Baugh- 
Hn ? A. 1 am his brnther-in-iaw. 

Q. State when Michael O'Baughlin came to Balti- 
more from Uie South? A. I think it'was in August l.s(;2. 

Q. State what his oceiiiiation has been fnun that time 
till the present? A. llecamehomesomewhat sick and 
remained. lor about a month; he then went with his 
brother, who was in Washington in tho-iiroduco and 
leed business; he remained with him uuiil thelallof 
1813, when his brother removed from Washington, 
having lelt )rs house there as a branch of his Baltimore 
business, and Michael attended to his business ior him 
in Washinu'ton up to the Itth of March of this .vear; 
that is, there are evidences that Michael had the 
collection and receiving of ordei s from customers, the 
goods being supplied irom Baltimore. 

Q. D (1 this arrangement with his brother require 
hirri to bo in Washington? A. I could not say posi- 
tively how freijueiitly he was here. Ho was here off 
and on ior the jjerioct from the time his brother gave 
up business here until this last transaction on the 14tli 
lof Aiuil. 

Q. Did you know J. Wilkes Booth? A. Yes, inti- 
mately. Mrs. Booth owns thepropeity right opposite 
our house. Jliehael and William were schoolmates of 
John Wilkes Booth. They allended the school of A. 
M. Smith, not very far irom the house. 

Q. How long has his intimacy with them continued? 
A. To my positive knowledge it has been almost twelve 
years. 

Q. Where was Michael's home in Baltinaore? A. He 
lived with me. Ko. f.7 North Exeter street. 

Q. Can you state where lie was in the month of April 
to the ijth? A. From the isth of March until he came 



94 



TRIAL OF THE ASSASSINS AT WASHINGTON. 



down to "Washington on the 13th of April he was with 
me. . , . 

Q. Can you speak with certaintj' about his being at 
home ihilt l:uie or part of It? A. He arrived home 
a.ler tlie a-:sas^mation. on Saturday evonino: ; I saw 
him aljoiu seven o Code ; tlio oliicershad ilien heea to 
the house in search ot him. and when 1 iuiormed him 

oi' that lact, lie told me 

Mr. Bingham.— Vou neednot state what he said to 
you ; declaraiions of the prisoner cannot be adduced 
lu his defense 

Mr. Co.\ stated that evidence had been adduced by 
the prosecut, on to prove that the prisoner was fleeing 
from arrest, and it was legitimate to meet that on the 
partof the deiense, by allowing that instead of fleeing 
lie vo!uii:arilv surrendered himself. 

Judtco JlotVomariied. that if the witness was cau- 
tioned not tovei eat the declarations of the i)n-oner, 
toemiglitgo onto state the facts in conuectiou with 
the arrest. 
Q. Hid I he prisoner protest his innocence? 
Uui'siiou oojecCed to by Judge Binglium. IftheGo- 
ve.'-nmenl had called lor any part of the declarations 
01 the iiri.>;ouer. Ins counsel would be entitled to draiv 
them 111 out, but as »Uat had not been done the ques- 
tion wasinadniissabTe 
Objection susiained by the Court, 

Q. 'stale vvhetliei" or not, on Monday morning, the 
defendant auihor i^ed you to procure an oliicer to talie 
him into custodv? A. He did. 

Wr. lilngham.— I objected to that; but as the wit- 
ness has answered the question notwithstanding my 
obiection, let it go. 

Q. How long have you known theaccused, O'Laugh- 
lin".' A. Kor about twelve years. 

Q. State what IS his disposition and character? A. 
A.s a boy he was always verj' timid; from my obser- 
vation of twelve years- 
Mr. Bingham.— You need not state what you be- 
lieve, the Court can draw its own conclusions. 

Witness.— 1 have always regarded him as a very 
amiable boy. 1 do not remember ever having seen 
htm in a passion in my liie. On political iiuestions he 
has never been violent. I have never lieard him ex- 
press any opinions on the issues ot the day, except in a 
very moderate way. 

Q. I want you to state the facts in regard to the al- 
leged arrest. A. On Monday morning, in consequence 
o-"' what Mitchell liad said to Mr.— 
Mr. liuigham.— 1 object to that. 
Alter discussion, by the consent of Judge Holt, the 
foi lowing question was put:— 

O. Stale whether yuu surrendered the accused into 
cnstody of the olTicers by the authority of the accused 
himself. A. 1 did. bv ins authority, certainly. 

The hour of 1 having arrived, the Court took a recess 
nntii 2. 

Alter the recess the examination of Maulsb.v was 
continued. 

(i. Did you take an officer to the house where the 
prisoner, b'BaUijhlin, was? A. With the permission of 
the Court. I would be glad to state the circumstances 
surrouuding the case. 

Judge Holt. —You may state them, but you must not 
repeat, what the prisoner said. 

Witness.— I was proceeding to state that I had .seen 
theaccused on Saturday afternoon, and an arrange- 
ment was then made, as"l then supposed, lor Sundaj- 
morning: on Saturday evening, at seven o'clock, I met 
Kciberts and Karly; ihe.y had just then returned from 
AVashington: it is difficult to make out a connected 
narrative without statiug ihe remarks of the jirisoner; 
I saw Mr. Wallace lor the flrst time on Sunday umrii- 
ing; became to Ihe liouse in search of Michael; oiher 
olUcers were with him at the time; on Monday morn- 
ing 1 was sent lor by Michael; I went off in ahacl'C, and 
called for Wallace; 1 called at Caniiichaers otBce; 
Wallace, did not know 51 ichael's whereabouts at the 
time, but as tlie feeling was very higli at the time, 1 
thought these iireeaiitioiis were necessary: we then 
went to Mrs. Ba..ey's house, where ho was Slopping; 
1 went ill hy myself, and Michael came out wiih me 
and gave liiiuself up to the oliicer: then' was nothing 
Biiid from tliat time until ho reached the Marshal's 
ollice. 

Cj. 1 think you have stated that Michael came home 
on Saturday evening. 1 ask you if he then informed 
yon where he could bo found if wanted. A. He d <i. 

Mr. Bingham oUjecteil to the question, and asked 
that the ansu er mii,iit not be recorded. f 

The obiec' .'in was susiained hy the Court. 
II. Yoti sui;e 1 hat you knew Booth intimately. State 
wlie'.lier he was a man of pleasing address? 
cjnestion oiiiecled to by Sir. Bingham. 
Mr. Co.t stated thatitw;us the desire of the counsel 
for all thonci-used that some evidence should be iii- 
Iroduccd as t i the character of J.Wilke : Booih, for the 
reason th:tt if any of the accusi^d should be found 
puilty, while I ho character of Booth would not afi'ect 
their guilt or innocence, yet if it waS' found lliat Booi h 
was a man ol pleasing address, calculated to influence 
nnd control the minds of young men witli whom ho 
a.ssociated, that would bo a mitigating circumstance. 

Judge Holt said it would not. mitigate the asstussiiuv- 
tiou by proving that Booth was.a man of ]ileasing ad- 
dress. The objection was Kustaiued by the Court. 



By the Court.- Q ."You have stated what has been 
the occupation of O'Laughlin since August. 1S02; what ■ 
wasliis occupation previous to that? A. He was ia 
the Uebel S'-rvic;? Ircm ISGl to 18G2. 

Testimony for the prosecution resumed. 

Testimony of L.ewis W. Cbamberlain. 

By Judge Holt.— Q. State where you reside? A. In 
Richmond. Va. 

Q. State whether .vou have been on duj.v there in 
the War Department of the Confederate States? A, 
Yes sir. 

Q. In what capacity ? A. As clerk in the War OfiBce 
cliiefly. 

Q. State whether or not, while acting as clerk, you 
became acquainted with the handwruing of John A, 
Campbell. Assistant secretary of War. and late Judge 
o! iheSupreme Court of the United States, and also 
with tliat of Harrison, Private Secretary of JeU'ersoii 
Davis? A. Yes sir. 

Q. Look at these indorsrments on the letter (pub- 
lished some days ago) of Lieutenant Alston, proposing 
to proceed to the iSorth and "striUe at the hearts' blood 
01 thedeadliest enemies 01' ihe South," and see whether 
tliey are respectively in the handwriting of J. A. 
Catripbell, Assistant secretary of War, and of Burton 
V. Harrison. A. Yes sir. 

Q. Was this Harrison private secretary to Jeflferson 
Davis? A. He was so reported and recognized at the 
War Depart ineiit. 

Q. Look at that paper, and see if the marks on it are 
the ordinary oflicial marks. A. It has the mark on it 
of the Secretary of War: also of General Cooper, Ad 
jutant-Oeneral and Inspecto;-General. It seems to 
have been referred from theothce of the Sec ret avy of 
War to the .A-djutant-Geueral's ofQce, where it was 
directed to be tiled. 

'.i. Do I understand you to say that the .Tohn A. 
Ciimiibell of whom you speak was formerly on the 
iieiK-h of the .Supreme Court of the United States? A. 
He was so reported to have been. 

Testimony of Henry Finegran. 

Examined by Judge Holt.- Q. State whore you re- 
; side. A. In Boston, 3Iass. 

j Q. State whether or not you have been in the mili- 
tar.v service of the country during this Kebellion? A. 
1 have, as a commissioned othcer. 
I Q. State if in the month oi" February last you were 
; in Montreal, Canada? A. I was and remained there 
I eleven days. 

Q. Did you while there make the acquaintance of 
1 George N. Sanders, Win. Cleary and others of that 
I city? A. I did not make their .acquaintance persoik- 
1 ally: I knew them very well by sight; i saw them at 
I the St. Lawrence Hall, and various other public places 
in Montreal. 

U- Did you see Jacob Thompson or Beverly Tucker 
there? A. >.'ot to my knowledge. 
Q. State whether on one occasion, irfthe month of 
I February, you hoard a cjuversation between George 
i N. Sanders and Wm. Cleary, and if so, state whai w;is 
1 said and where it occurred. A. I did; thoconversaiion 
i 1 lieard took ))lace at St. Lawrence in theeveni:g: I 
i am notceriain wlu-ther it was on the Hib or I'ltii of 
I February: I was sluing in a chair as (.ieoruM' iS". San- 
ders and William Ceary walked iii at the door: they 
stopped about ten feet from me; I heard t'leary s.iy, 
i "I suppose they are getting ready lor the inaugural., .n 
' ot Lincoln ne.xt month:" Sanders said, '• Ves. but ii the 
Doys only liave lurk. Lincoln will not trouble them 
much longer;' Clearv said, "Is everylhing well?" San- 
ders replied, "Oh! ves; Booth is bo.-siiig the job." 

U. You saw these men frequently? A. Yes, 1 knew 
Sanders by description the hrsi lime 1 saw him, and 
inquired concerning; liim of the clerks. 

(.•ross-e.\aniined bv Jlr, AiUen.— (i. When did you 
leave the service of the Government? A. In Septem- 
ber, 18113. , . 

(i. Where did you reside before you enlisted in the 
service? A. In Boston, Mass. 
Q. Weere wef e you born? A. In Ireland. 
(.>. Did you not reside at the South heibreyou went 
to Montreal? A, Ko sir. 

o. You say you were never introduced to any of 
those parties? A. JSot to Sanders or rieary; I was in- 
troduced to men who claimed to have escaped from 
prisons in the North, 

t.i. What lime in the evening did this conversation 
at St. Lawrence Hall occur? A. I thing about 15 o'clock, 
Ci. You sav you were about ten leet Irom theui. 
Were they conversing in a loud or low tone? A. In a 
low tone, I thoiu'lit. 
t). Were tluv standing close to.gfither? A. Yes <.ir. 
Q. Did you ever see Clay there? A. No: not to my 
knowledge. 
Q. f).d you ever see Cleary? A, I did. 
U. Did you see Sanders? A. I did. 
Q. Why is it vou recollect these two and not the 
others? A. Because 1 saw them talking. 

<4. How did vou know it was taem if you were never 

introduced to them? A. X knew them by sight sevenU 

da.vs before: 1 saw them testify in court lu the St. 

Albans raiders case. 

(.i. What kiud ot a looking man w:is Cleary? A. He 



m 



TRIAL OF THE ASSASSINS AT WASIIINGTOX. 



05 



is a man of mediiitn size, of sandy comiilexiou, saudy 
ha.r, niKl tiirrii's liis nock a little on one s:di;. 

U. Describe i?and(T3. A. Sanders is a rather low, 
Bliort and lliicU-sct, curly hair, moustache auU goalee, 
Sprinkled with srey, and a very burly ibrni. 

Q. Did you hear anything more about the job men- 
tioned in thai eonvei-salion? A. No. sir. 

Q. And did you not learn what the job was? A. I 
did iiDt. 

Q. When did you leave Montreal? A. On the 17th of 
February. 

Q. When did you first give this information to any 
one? A. 1 spoiie of it to two or three jjarties some 
tame apro. 

U. Did you communicate it to the Government? A. 
Not then. 

Q. Did .vou consider it of any importance at that 
time? A. Xo sir; 1 considered it at the time as a piece 
oibratrgadocia. 

Q. When did you first communicate it to tUe Govern- 
ment? A. A few day.s ago. 

Q. Did you ever see John H. Surratt in Canada ? A. I 
do not know him. 

Testimony of Cbarlos I>aw«»on. 

By Jndse Holt.— Q. Are you acquainted with the 
handwriting of J. Wilkes Booth? A. With his signa- 
ture I am. 

Q. J.ook at this card, (Booth's card sent up to Presi- 
dent Johnson, at the Kirkwood House,) and see ilit is 
lija signature? A. It undoubtedly is. 

TostiMioiiy of diaries Sweeney. 

By Judge Ilolt.— Q. State where j'ou reside. A. In 
New York city. 

Q. Have you been in the armj- during the present 
war? A. I have. 

Q. Have you been a iirisoner? A. Yes; the first time 
I was in Libby two months; the second lime I was put 
on Belle Isle, in Kichmoud, and then they took me to 
Audersonville, Georgia. 

Q. How long did you stay there? A. They kept me 
about six months before they moved me to Savannah. 

Q. .Siati' how you were treated in those prisons. A. 
At Belle Isle a man was allowed to have half a pound 
of bread a day, and soup, with a little rice and bread 
scattered in it, and occasionally a little piece-of meat; 
when we went lo the hospital we had a little belter 
bread and meat, but there was not much of it; when I 
first went to AndersonviUe we got a pretty good quan- 
tity ('f rations; we had all we wanted of corn meal, but 
tlie bacon was very strong; they then comn'ieui-i'd to 
cut down our rations, and they got to be very short, 
but still we made out to iive the best ue could; then 
wevtentdown to Savannah; but I ain't done with An- 
dersonviUe yet; they used to tell the guard that 
whenever a man got over his dead line to shi/ot him, 
and lor every man shot they would give afurlougli 
offort.vdays. and whenever a man got even his hand 
over the dead line they would shoot him down as if ho 
were a dog; at one time we were di.^^ginga tunnel, and 
one thing or another in the camn, tiying to make our 
escape, and a cripple, a man with one leg, lold.onus; 
te ran outside the dead line once and the guard pro- 
tected him, but Captain Burch told theguardthat if 
be did not shoot that man he would shoot him, so 
the guard bad to shoot him; I had a brother at An- 
dersonviUe, who was very sick and dying lor eight 
days; there was nothing he could eat; the corn meal 
and beef was not fit for a dog to eat; I tried to 
get some money to buy sfjltietliing to feed 
tim. but the guard said, "Let him starve to 
death;" then I went to the Doctor, and asktd him 
to go and seemy brother in the tent.who wa.sdviiig,but 
he said "no, let him d'e;" before he died he said to me. 
'■my dear brother, never take an oath of allegiance to 
their Government, but slick to your own Govern- 
ment;'' I said I would, and have done it: 1 tried two 
or three times to make my escape, but was recaptured; 
the first time they bucked and gagged me' lor six 
hours; it was so cold that I could hardly talk 
when I got up; the next time I thought I 
would escape and make my way to Gi^neral 
Btoneman. who was on a raid, but they caught 
me and took me back to Captain Winder, "who had 
me put in the stocks; the sun was so hot that the next 
day I got sick, and could eat nothing for six da vs, and 
pretty nearlydied; butplease GodI have a little life 
in me yet. Do you want to hear anything about (Jene- 
ral Cobb? (Laughter.) He uiadeaspeeeh down there, 
and told the people of Georgia that the gravevard 
there was big enough to hold all those in the stockade. 
and that they intended to starve them all Indeath. 
fcomebody in the crowef said if he could catch "Old 
Abe' he would hanghim, and C'<ibb said if he could 
Ciilch him he would do the same thing. 

Testimony of Jjiines Yonng-. 

Ey JudjjeHolt.— Q Have you been in the military 
service ot the United Slates during this Eebelliou? A. 
1 have. 

ti. Have you been a prisoner of war during that time. 
n" so, how long and in what prison were you c( nfined.' 
A. I was for nine months at AndersonviUe, and at 
other limes at Florence and Charleston, .S. O. 

Q. State the treatment vou and other prisoners of 
war received at the hands oi' the Coulederate authori- 



iies' -4^. At AndersonviUe. rations of a verv Inferior 
quality ol corn bread and bacon were furnished Ihey 
were very badly cooked; ihequunliiy would usually 
be a piece of bread four inches long, tUieo wide and 
two thick, and we would getabout two or three ounces 

(J. What was the effect of these rations upon the 
hea til ol the prisoners? A. Itwas very injurious; they 
died in hu■^e numbers. 

Q. What was the average number of deaths during 
your stay tlnre? A. The report lor August I under- 
stood was ".(HI. 

(.J. Wereyou in theopensuu orunderahelter? A. In 
the op(!n sun. 

Q. \\ hat was the temjierature of the atniasphere? 
A. It was extremely hot in the day and cool at night. 

Q. What was the character of the water thev gave 
you? A. 'I'lie water was very j)oor: it was saturated 
with the huh and garbage of the Cuok-housea before it 
came into ihc grounds. 

Q. Was tlip character of the ground marshy? A. Yes: 
tlie creek ran through the centre ol u. 

Q. ilow (ar was it Irom Woodland? A. It appears 
that there was no woodland all around— in fact the 
stockade was made IVoni wood taken out of it. 

U. Was there higher ground around also? A. Some 
higher. 

(.i. Were you there during the cold weather? A. No; 
I was at Florence during the cold weather. 

Q What were the cieclaratiuns made by the keepers 
ot the prisniiwiicii complaints WL-rc made; did you 
hear what was said bj- thciii? A. i never heard anv- 
thiiigal Amlersijiiville. but at Moniu'e I heard sunio 
jiretty liaid thieals; they threatened to star^-e us be- 
cause our army had made a raid through their country, 
and had destroyed f..u(i. 

O. Did you receive the same treatment at Florence 
as at AndersonviUe? A. Wor.se. 

U. Was the amount of (bod given suflicient to 
sustain life for any long time? A. Ko it was not; men 
who were without any extra means, money, trinkets 
or watches, with which to purchase extra" food, ran 
down upon it until they died; I had some money and 
bought some extra provisions, and so kej/t mv health 
loieralily good: the allowaiK'e I drew I'or ten days was 
two jiMunds of meal; thethreo weeks 1 was at Charles- 
ton we were used very well, except that they shot 
down our men on any excuse. 

U. Iiid this often occur? A. Yes. 

Q. iJiditseemto be encouraged by the officers? A. 
It did seem to be. 

Q. Jiid you know of any man being rebuked or pun- 
ished lor bavingshot oneour men? A. No, uc;ver; the 
general report in camp was that every guard was al- 
lowed thirly day's fuilough for every man he shot; 
this was at AndersonviUe. 

By the Court.— Who was the officer in command at 
Charleston, when you were therein prison? A. 1 can- 
not tell; I did not know. 

Testimony of .Toll ii S. Young. 

By Judge Holt. Q. Where do you reside ? A. In 
New York. 

(oj. State whether you knew Robert Kennedy, who 
was hung in New York some time since. A. I did. 

Q, When was he hung ? A. I think on the 2jth of 
March last. 

Q. Stale whetheror not before his execution he made 
a cunlession, which was afterwards published in the 
l^apers of the country ? A. He did. 

U. Have you that confession with you ? A. I have, 

Q. Did he make it to yon? A. He signed a statement 
in my presence, but notlheconfe.ssion. 

Q. To whom was the conli'ssion made? A. It was 
made, I believe, to Colonel Jlarlm Burke, on duty at 
Fort Lafayette. 

The Judge Advocate-General said there was a mis- 
take in summoning this witness, liiai he su|)| osed the 
eonlession was made to him; he would, however, read 
the confession to the Court and let it biM'lacedon 
record. The ooulessiou, as published in the papei-s, 
was then read. 

TESTI3IONY FOBS TBIE DEFEXSE BE- 

Testimony of Jaiiies H. Xothy. 

By Mr. Aiken.— ij. Where do jou reside. A. About 
fifteen miles down in Prince ( leorgeceunry. 

Q. .Mate whether or not you pur<;h,isi'il .>!omc land 
from Mrs. Surratt. A. I did; seventy-five acres, some 
years auo. 

Q. DidMr. Gwvnn bring you a letter on the Hth of 
April hist? A. He did. 

CJ. Who was that letter from? A. From Mrs. Sur- 
ratt. 

Q. Have you been in the habit of meeting Mrs. Sur- 
ratt at SurratisviHe? A. ( 'Illy that one lime; she sent 
for me to c(;me there; I ov.-ed her part of the purchase 
inonev, and slie warned itseltlcd; tliis lel.t er was sent 
out oil Friday; I did not see her thut day at all. 

Testimony of ti>r. .folin C. Thomas. 

By Mr. Stone.— Where do j'OU reside? A. A. 
Wo'odviUc. Prince (leorge county, 
ti. What ja your occuiiatiou? A. I am a physiciant 



9G 



TOTAL OF THE ASSASSINS AT WASHINGTON 



Q. now Ion 

tceQ years 



have you been practicing? A. Nine- r 

q" KratVwliethor you are a brotlier of the D. Tlioma? 
who has been cxamiiieil hi- re as a witnt'--;. A. lain. 

Q Sate wlieilu-r your hrotUer madi- unyconatnu- 
nkatiDii to vo on ihe subject of a coiiversatioii with 
Dr Mudd iti relation to the assassination of the Presi- | 
dent' A. The conversation I hat pas^^ed was at my i 
house oil Sundav njuniinR; hecame tliore to UqoU- 
ville to churcii: I ns'.<ed him the news; ho was .lust 
Ironi Hrvanlown the day heloro, and he was lull ol I 
news; hewasspcakin,' of t lie arrest o( J>r. Mudd, the : 
flndinsofahoct athishouse. Ac.: during the conver- 
sation he r< TLVited a rt-marli that Dr. MuUd had made | 
some weeks before. ^ ., . 

Q Stale whether he had ever mentioned that con- 
versation to you before that time? A. Iso;nuver be- | 
fore that time. . i <> .1 „ I 

Q And this was after the assassination and after the 
arrest olDr. Mudd? A. Yes; the soldiers were at Hry- 
antown.an.lDr. Mudd had been anvsted, a-s i under- 
st< od; I had ii.t heard aiiythins,' of the hoot bciure: my 
brother made an error as to the date, and 1 think he is 

q'' 1 understand j-ou, then, to say that was the first 
time you ever he'vr<l your brother speak 01 that con- 
versation, and that he did n..tspealiol it bulure the 
assa.ssinati( n? A. He did not; that, was the first time 
IJe lut-ntiijiied it. ^ , , 

Q Slate w nether you have or not attended your 
brother protessionallv sometimes. A. I have in some 
serious attacks; he had a very serious paruly-is attack 
with paralvsis of bodv: lie w...s lor some lime lubonii^ 
under cnns'iderahle nervous depression, and was men- 
tally affected by it, so that bis mind was not t-xactly 
riijlit fur a luni^'tiuie. , , - j- , 

U state wbetlier your brother's mind is now sound 
at a'l times? A. 1 am under the impression that it is 
not at all times. . ^ ,. ,. 

Q Wiien his mind is not in its proper state, is he not 
crednlous verv talkative and unreliable? A. He is 
credulous aiid'v.rv talkative; very apt to tell every- 
tliiii" he hi ars, ami beiicvcs everytliins; he hears; I do 
not pretend to say he would tell thiugs be did not 

Q State whether, when his mind is not in aproper 
condition, his memory and reason are not both some- 
what allecled. A. His reason maybe somewhat af- 
fected, and memory also, when these attacks come on 
bLitwlienhe is in the enioyuient of good health '" 
seems to be rational: he has not had an attack now 
some tune, and his health has been bett( r. 



Q, What is the rule of the house in regard 10 guests 
re;;isterinj{ their names? 

Assistant .ludge Advocate Bingham objected to the 
question. Theobecliou was overruled. 

A. All persons stopping at the hotel are required to 
register their names: often i^er-^oiis come in and take 
meals: they do not resister their names, but, no person 
stops in the house over nijjht without being required to 
re;-'istcr. 

Uv Assistant Judge Advocate Bingham.— Q. Do you 
kniiw wl.o slept in the room with At;;ero;h ou iho 
night of the assassination? A. No sir; 1 was iu bed at 
the lime Atzerolh came. 

ij. You do not know whether Dr. S. A. Mudd was in 
the hoii'Oornot in the month of January? A. JS'osir, 
his name is not on the re4ister. 

By the Court.— Do you know whether Dr. 31udd 
might iKive been in the houseundei an asbumed uume? 
A.~l could not lell anvtliiim about that. 

Q. Are you acquainted with the person registered as 
Mudd? No sir. 

Testimony of Jos. T. ^ladd. 

Bv Mr. Kwing.— Q. State whether yon are acquainted 
with the prisoner, Dr. Samuel A. Mudd? A. lam. 

ti. Where doyou reside? A. In theFoihth Klection 
District of Charles county, about a m.le and a half 
from Ihe house of Dr. Samuel A. Mudd. 

Q. State whether you came with the accused to 
Washington last winter, and if you did, give the par- 
ticulars of vour visit. A. I came wilh himtoWash- 
in^'ton ou "the •22d of December last; I recollect the 
date from tlio I'acl tliat we returned home ou Christ- 
niis eve. which was theiilth. 

When we got to Washington we left our horses down 
bv the Kavv Y'ard, aud walked up to Pciinsylvani.i 
avenue: it was in the evening: we went to the I'cnnsyl- 
vania House and registered our names, 1 tliink for 
lodgings; however, as we had not been to dinner, we 
cnnClUiled that wo wanted something better than an 
oiilinary supper, so we went to a restaurant on the 
avenue, known as the Walker llestanraut; we ordered 
supper, and remained there po-sibly an hour: alter 
leaving there, we walked into Brown's Hotel, where 
we staved about halfiin hour: we then went into the 
Xatiorial Hotel; fuere was a tremendous crowd in 
tiiere, and we got separated: I recogni/.ed an ac- 
quaintance in the crowd, and got into conver- 
sation with him; alter that 1 came out of 



th lie ' that place, and went along the avenue, stopping in 

ow for ' several clrothiug stores, for the puriiose of lookintT at 

i some clothing which I intended to purchase next 




Mr. Wood was pre.sent at that in 

Q. Y'ou are certain that in the same conversation he 
snokeof theboot bemg fouud iu Dr. Mudd's house? 
A. Y'essir. , , ., • 

Bv the Court.— a. On the day of this conversation 
areyoucerlaui your brother was iu his riglit mind? 
A. ile seemed to be. » . ,, 

Q. He was not much excited? A. No. not at all. 

Q. Doyou tliink he was capable of telling the truth 
onthatiav? A. Yes. 

Q. From voui- knowledge of your brother's character 
for truth and veracilv, olliis mental condition, did you 
have any doubt in vour mind that Dr. Mudd hadsai.l 
what he reiie it.^d'to you? A. I tliou-lit probably my 
brother was Jesiiir,' at the time, aii<l 1 i>hserve<l lliat 1 



Q Were you in the Pennsylvania House when the 
prisoner rejoined vou, after your separation from him 
at the National? -V. I was sitting m'ur the tire-place 
in the front room as :vou enter, near the olhce where 
the register Lskept; Dr. Mudd. when 1 first saw him 
came through the folding door into this room from the 

^ Q? Was any Ohi- with him as he entered? A. I thinfc 
not: there might ha\-e been but I saw none. _ 

Q You .say vou were not si'paratcd Irum him the 
ne-x'tmorningniore than Uveorten minutes at a time? 

\ ' I think not; aller ihe purchase of the stove he had 
some shoes and .some little things to buy and wo sepa- 

•itcd but Isawhiin I'requently: once, I think, he was 



S':i^^l^l!'^<^i:::'o^^o:u::;^n:\:^..'^ , --%!-V^,V>:?£j"^*^^ Washington, where he had 



it was Certainly I rue, that iuMiad made Uiat statement 
to him ill Bryanlowu; I suiiposeU he had told it as he 
lieard it. 



Testimony of Samuel Ittc.MIlster. 

Bv Mr. Stone.— Q. Where do you reside? A. 



1° 

■Wiishington. 

Ci. How long have you resided In Washington? A. 
Since the 21 day of December last. 

li. Wiial is your o rcupation? A. I am clerk in Penn- 
sylvania llousc. Waslnii-lon. 

U. Have you th(! register of that house with you? 
A. I have, (inoducing the register). 

li. Stale wliether the name ol Dr. S. A. Mudd ap- 
pears on that register as having been entered In the 
month of Januarv, ISiVj. A. I liave examined the 
month carefully, and the name iloes not uiipear. 

Q. Do you know the accused, Hr. Samuel A. Mudd? 
A. I do nol; he mav have stopped at the house, and if 
he did his name is on tlie register, as we do not allow 
any person to stoji At the housowilhuut registering. 

(.'l. Turn to ilie;::!dofDeceinberlastand8late whether 
you find the name of Mudd? A. Yes sir; the name is 
nere, SamiKl A. Mudd. 
Q. st:iie \\. lielhcr vou find the name of another man 

named Mudd ou that day? A. Yes sir; J. T. Mudd. 



o.me litt'e busines... , . ,, v.- 

Ci. Do you know by whom the articles bought by him 
we're talien to his house? . , . , 

.ludge Biuu'hamobjected to this question as being of 
no conseciuence. 

Mr. Kwing said he thought it a matter of much con- 
sequence. The prosecution had pr>.veil by one witness 
a meeting between J5ooth and ,Mu(ld h«-n> in \\ ashiiig- 
ton.andthe delense expeclcl to be able tosliowcon- 
clusivelv that if there was any such nieetiiig u must 
have been at tliis visit; therefore the necessity ol show- 
in" that tiie accused came hereon business uncon- 
ii."-lcd with I'.oi)th: that the meeting with Booth had 
been put ill evidence as a part of the conspiracy, and 
tlie delense had aright tosliow by the acts ol the ac- 
cu-ed that he came to Washington on a purely legiti- 
mate business visit. . „ ,. 

•ludge Bin-liani replied that the interview alleged to 
ha\e taken place in Washington, belween Mudd and 
Booth was in aiKither month from that here desig- 
nated, and the attempt to sliow the imrchase olcertain 
articles, and everything coniu-cted with their trans- 
portation lo the house of the prisoner, would, if al- 
lowed, result in throwing no additional light whatever 
on thesubject. The objection w;is not sustained aud 
the question was repeated. A. 1 took home a portion 
ofhispurchiisesmvscU; the stove was to have been 



TRIAL OF THE ASSASSINS AT WASHINGTON. 



liT 



taken home by a Mr. Lucas, who was then in market 
witl) hii \va'j:un: I went twice with Dr. IMudd ;in(l twice 
bv myself: Mr. L,ucas said that if lie sold out his load 
ot'iHiultry hi' would take the stove down, and if lie did 
not he would not ue able to take it down that trip. 

Q. Are you well acquainted with Dr. Samuel Mudd? 
A. I am; I have known him from early youth. 

Q. Do you know his general cliarautt-r in the noiijh- 
Ijorhoodin which lie resides lor peace, order and good 
Citizensliip? A. It is exemplary; I thnik I never 
heard anything; to the contrary: he is of an amiable 
disposition, ngood citizen and a good neighbor, besides 
being honest and correct. 

Q. 1)0 you know his character in the neighborhood 
as a master iif his slaves? A. I do; 1 have lived close 
b.v him all my life, and believe him to be humane 
ahdlcind; I never thought his niggers done a great 
deal of work, but have always considered that they 
were treated very humanely. 

U. Do you know of Booth's having been In that 
country?" A. I do: I saw him at churoh; that is, I 
saw a stranger there, and I asked who he was, and 
was toid it wa.s Booth, a great tracredian: from the de- 
scription given ofhiiu, and the photograph,! am satis- 
fied it was the same man; that was in the latter part 
of ^November or early in December. 

Q. Do you know on what business Booth was in that 
country? A. Only from the common talk, what I heard 
others sav. 
Q. What was the common talk? 
Judge Cingham objected to the question. 
Mr. tiwingsaid that he knew it was the object of the 
Government to give the accused here liberal opportu- 
nities of presenting their defense, and he did not think 
the Judge Advocate intended, by drawing tightly the 
rules of evidence, to shut out evidence which might 
fairlj'go torelievetheaccnsedoftheaccusationsagainst 
them. It was better not only for them but lor the Go- 
vernment whose majesty had been violated that there 
should be great liberality in allowing the accused to 
present whatever evidence they might offer. The de- 
fense wished to show that Booth was in the country 
ostensibly according to the common understandingot 
the neighborhood, forthe purpose of investing inlands. 
This was introduced as explanatory of his meeting 
■with Dr. Mudd, whose family, as the defense expected 
to show, were large landholders and an.xious to dis- 
pose of their lands. 

Judge Advocate Holt stated that he was in favor of 
allowing the accused to indulge in the utmost latitude 
of inquiry, and that when he i'ell short of maintaining 
thatspirithe would be obliged if the Courtwoulddo 
it for him. In this instance, however, a mere idle ru- 
mor in regard to which a cros.s-exami nation could not 
be made, was not, in his opinion, properly admissible. 
The objection was sustained, and the question was not 
put. 

Cross-examined by Judge Holt.— Q. Do you know 
the reputation or the prisoner. Dr. Mudd, for loyally 
to the Government of the United States? A. I really 
do not so far as my own knowledge goes; I havewever 
known of any disloyal act of his. 

Q. Have you ever heard any disloyal sentiment ex- 
pressed by him? A. No sir; I have heard him express 
sentiments in opposition to the policy of the Admin- 
istration. 

l\. Do you know that he has been opposed to the 
action of the tiovernment of the United states in its 
endeavors to suppress this Kebellion, and that his op- 
position to it has been open and undisguised? A. No 
sir; I do not know that. 

Q. Do you know that he has constantly held that the 
State of Maryland had been false to her duty in not 
going with the other States in Rebellion against the 
Government? A. I have never heard him say so. 

Q. Have you not from time to time seen Confede- 
rate officers about his house? A. Never sir. 

Q. You spokeof his amiability towards his servants, 
did you ever hear of his shooting any of them? A. I 
have heard of it.. 
Q. Have you any doubts of its truth? A. No sir. 
By Mr. Ewing.— Q. State what you heard about his 
Shooting his slave. A. I hoard that his servant was 
obstreperous; that lie ordered his servant to do some- 
thing which he not only refused to do, but started to 
go away; Dr. Mudd had his gun with him, and he 
ftiought he would shoot him to frighten him; I heard 
him say so myself; he shot him somewhere in the calf 
Oi the leg. 
Q. W.as it with a shot-gun? A. Yes sir. 
Q. Did you evei hear anythingof the sextant having 
attacked him with a curry-comb? A. I do not think I 
ever heard that; I heard but little about the matter. 

Q. Did you hear that his servant's leg was broken 
by the shot? A. No sir; I beard it was a flesh wound. 

Q. You speak of having heard him express himself 
in opposition to the policy of the Administration; did 
he express himself with any violence? A. No sir, I 
never knew bun to make use of any expression in 
gentlemen's company which could not be admissable 
in ladies' society. 

Q. Did he ever tallt much in opposition to the Ad- 
ministration? A. I never heard him talk a great deal 
In opposition to the Administration except with refer- 
ence to the exDoncipatioa policy. 



Testimony of Francis liHoas. 

By Mr. Ewing.— Q. Wliere do vou live and what oc- 
cupation were you engaged in last December? A.I 
live ill Charles county, near Bryantuwn. Md., and was 
and have been a huckster forsoveral ycar.s. 

Q. Stale whether there was any arrangement made 
belween you and Dr. Mudd astocarryingsome articles 
from this city down home for him,last December? A. 
On Christmas eve I^r. Mudd came to me in marketand 
asked nieto take a stove home for him; ho came to me 
several time%and I promised to do it if I could. 

Testimony of John C. Thompson. 

By Mr. Stone.— Q. Where did you reside last Fall? 
A. At Dr. Queen's, in Charles county. 

Q. Did you know Wilkes Booth? A. I h.id a slight 
acquaintance with a man bearing that name. 

Q. State how that acquaintance commenced? A. I 
•was introduced to a man styling himscll' Booth; I do 
not know whether the name was Wilkes I5iioth or not, 
by Dr. Queen, my brother-in-law; 1 think that was in 
October or November last. 

Q. Was this introduction given to you by Dr. Queen 
at his house! A. Yes sir; Booth came there, I think, 
on a Saturdav night. 

Q. Had any ot the family there known him pre- 
viously? A. I think I can say with certainty that 
none of the family ever heard of him before. 

Q. State how he got adniissiim there? A. Dr. Queen's 
son, Joseph Queen, brought him there Irom Bryan- 
town. 

Q. Where is Dr. Queen now. and what is his condi- 
tion? A. He is at his place, in Charles countv; he is a 
very old man, being seventy-four years of age, bed- 
ridden and infirm. 

Q. Did this man Booth bring any letters of introduc- 
tion to Dr. Queen? A. I think he brought a letter from 
somebody in Montreal: if I am not mistaken it waa 
from a man b.v the name of Martin. 

(j. Did you see the letter? A. I hardly glanced over 
the letter, and paid very little altpntion to it ; as well 
as I remember, it was simplv a letter of introduction 
to Dr. Queen, saying that this man Booth wanted to 
see the country. 

. Q. State whether yon were present at the first con- 
versation between Dr. Samuel A. Mudd and this man 
Booth? A. On Sunday morning, this man Booth, Dr. 
Qu(;en and myself went to ahe^church at Bryantown 
and I introduced Booth to Dr. Mudd. 

Q. State what was Booth's ostensible object in visit- 
ing the country? A. It was for the purpose of purchas- 
ing laud: that I am confident of, as he so stated to 
me: he asked me the price of land in that section, and 
I told him as well as I knew that the land varied in 
price from five to fifty dollars per acre, according to 
the quality and situation and the improvements upon 
the land. 

Q. Did he make any inquiries of you as to who had 
land loi sale? A. Yes; I think I told him I did no* 
knovv who had land lor sale, but that Mr. Henry 
Mudd, the father of the accused, was a large property 
holder, .and he (Booth) might purchase laud from 
him. 

Q. Did he make any inquiry as to distances from the 
river? A. As well as I retiiember he did make in- 
quiries of me about the roads in Charles ct>unty, but I 
vv'as not iulbrnied in regard to roads there; the only 
road of which I had any knowledge was the road 
from Washington, known as the Stage Road, leading 
down toBryantown;heasked me in regard to the roads 
leading to the Potomac River; I told him I was not 
conversant with these roads; that I knew them as far 
as Allen's Fresh nd Newport, but no further. 

Q. Did Booth make any inquiries as to the purchase 
of horses in the neighborhood? A. I think he did; I 
think he asked me if there were any hcrses in the 
neighborhood for sale: I told him I did not know; that 
the Government had been purchasing horses. 

Q. State whether the meeting of Booth, Dr. Queen 
and yourself with Dr. Mudd at church was casual. A. 
It was simply accidental. 

Q. Where did you meet Booth? A. In the church 
yard in front of the church door, where the male por- 
tion of the congregation are in the habit of assembling 
just previous to Divine service: I happened to see Dr. 
Mudd therewith various other gentlemen, and I in- 
troduced him to the others present; I had no idea as to 
what the man's business there was lurther than that 
he was a purchaser of lands; I think he told me the 
night before he had made asneculation or was a share- 
holder in an enterprise in Western Pennsylvania 
somewhere, and, as far as I remember, told me he had 
made a good deal of money out of these operations. 

Q. Did Booth stay at Dr. Queen's house during that 
visit? A. I think he stayed there that night and the 
next day. 

Q. Did you ever see Booth again? A. I think I saw 
him again about the middle ot December following: he 
came to Dr. Queen's a second time and stayed all 
night, and left very early the next morning; I aid not 
see him alter that. 

Cross-examined by Assistant Judge Advocate Bur- 
nett.— Q. How near do you live to Dr. Mudd? A. I 
think the distance is about seven or eight miles. 
Q. Is your acquaintance with Dr. Samuel A. Mudd 



93 



TRIAL OP THE ASSASSINS AT WASHINGTON. 



aiiiiliis iilEiirs ol a very intimate cbaracter? A. I 
am not imimately acquainted with biui; I Icuow liim 
personally. , . , j 

Q. You sav thut Booth spoke of purchasinp; lands. 
A. Yes sir; i told him that Mr. Henry Mudd. the 
father ofthe accused, was an extensive land holder, 
and he would probably be able to purchase lands irom 
him. 

Q. He did not in that conversation say anything to 
you about purchasing laud I'rom Dr. teamuel Mudd? 
A. Koslr. 

Q. Do vou know whether Dr. Samuel Mndd owns 
anv land there? A. I am not positive a.s to that. 

By Mr. Stone.— Q. Who lives nearest to this city, Dr. 
Queen or Dr. Mudd? A. I think Dr. Mudd lives the 
uearest. , ^ ^ 

Bv the Court.— Q. Did you see the nam© attached to 
the"letter of which vou have spoken? A. Yes sir; I 
think the name was Martin; Idouotkuow the chris- 
tian name. 

Q. You li-ive never heard of the man whose name 
was.sii;no«l to that letter? A. I did not. 

Q. Did Booth, to your knowled'.?e, ever buy any land 
in Maryland on thesirenstth ofthat letterot iutroduc- 
tion? A. Not to my knowledge. 

The Court adjourned till to-morrow morning. 



WAsniKGTOX, May 27.— After the evidence taken 
yesterday had been read, the following witnesses were 
to-day calied for the prosecution :— 

Testimony of George F. EdmoiKls. 

By Judge Advocate Kolt.— Q. What is your profes- 
Bion? A. Counsellor at Law. 

Q. State whether or not in the trial which recently 
occurred in Canada ot certain ofienders, known as the 
St. Albans raiders, you appeared as counsel for the 
Government of the United States. A. I had charge of 
the matter for the Government ofthe United States. 

Q. State whether in the performance of your profes- 
sional duties theie.you made the acquaintance o( Jacob 
Thompson. William V. Cleary, Clement O. Clay, George 
K. Sanders, and others of that clique? A. Intlieseuse 
in whicli the term is generally understood, I did not; I 
knew tho-eper.son3hy thi-ir being pointi-dout to me 
daily; I did not have the honor, if it may be called, of 
their acqiittintance. 

Q. Were the defendants in court? A. They were. 

Q. Were they engaged as officers of the t'onfederato 
Government in deleiidinu these raiders? A. They 
seemed to exercise the fuiictions, and recognized each 
other accordingly. 

Q. Mention tlie persons whom you met there, and 
who wereso recognized. A. I do not iliink I saw Mr. 
Tiiompsonmoie than once; IsawC. C. Clayduring the 
earlvpart of the proceedings almost daily, and Mr. 
Sander.s during the whole of the period; Mr. Cleary, 
wliom you mentioned, I saw to know at a later period, 
■when he was examined as a witness ou the iiart ofthe 
defendant. 

Q. Did he represent, in his testimony en that trial, 
that the=e I'.ersons were engaged in the Confederate 
eervice, and that this raid was made under authority 
of the Confederate Government ? He so represented, 
as did all those persons, and they stood upon that de- 
fense. 

Q. Will you look at this paper and state whether or 
not you have seen theoriginalof the document ? A. I 
have seen the orii,'inal. 

Ci. Was it or was it not given in evidence on the trial 
to whichyou reler ? A. It was given in evidence ou 
the trial on the part of the defendants. 

Q. Given in evidence by tUem as a general docu- 
ment? A. It was. 

Q. Is that a correct copy ? A. I cannot swear that it 
is an exact copy, hut I examined the original very 
carefully, and I am able to swearthat iiisasubstautial 
copy, and I have no doubt it is a literal copy. 

The paper was then given in evidence, and was read, 
as follows :— 

COXFF.nEUATE .-JTATES OF AMERICA, WAR DEPART- 

Mi:nt, Ki( iiMOND, \'a.. .June m, l-SGl.— To Dieutenant 
Bennett H. Voung— Lieutenant:— You have been ap- 
pointed, temporarily. First Lieutenant in the I'rovi- 
eional army for special service. You will proceed 
without delay to the British Provinces, where you will 
report to Messrs. Thomiison it (lay for instructions. 
You will, tinier their direetions, collect sucli Conlede- 
rate soldiers who have escaped from tlie enemy, not 
exceeding twenty in number, as you may deem suila- 
hie for the purpose, and will execute st;ch <'iiterprises 
as maybe entrusted to you. You will take care to 
commit no Violation of the local law, and to obe.v im- 
plicitly their instructions. You and your men will re- 
ceive from these gentlemen transportation ajidthe 
customary rations and clothing, or the commutation 
Ihereior. 

(Signed) JAMES A. SEDDON, 

Secretary of War. 

Q. Was the Young referred to In Ihat connection one 
Ot the &t. Albans raiders? A. X do.uot know that I can 



answer that question literally; he produced that docu- 
ment and protested to be the person. 

Q. He was on trial as such? A. He was on trial as 
siich, and produced that document as his authority for 
toe acts he had committed. 

The testimony of the witness having been concluded, 
Judse Advocate Holt staled that since closing thecase 
on the part of the Government so far as concerned 
the individual jirisoners. he had discovered an impor- 
tant wiuiess, before unknown to him, whose examina- 
tion he desired should iiuw be made. 

Mr. Ewing inquired as to which of the prisoners the 
proposed testimony was likely to allect? 

Judge Holt replied that it referred directly to the 
case of Atzeroth. 

Mr. Dostersaid thathe had not opened the defense 
for Atzeroth. and. therefore, would not object to tlie 
reception of the testimony. 

ThewuuesSwas then called and testified as fo^ 
lows:— 

Tostimony of Colonel William R. Xevins, 

By Judge Advocate Holt.— Q. AVhere do you reside? 
A. In Kew York. 

t^ State whether or not you were in this city in the 
month of Ai'i il last, and if so, on what day? A. I was 
here on the luth of April; I think I recollect the day 
from the fact that a jiass which I received from the 
War Department bears that date. 

(J. Where did you stop in this city? A. At the Kirt- 
wood Hoiuse. 

Q. Look at the prisoners at the bar and see whether 
you recognize either of them as a person whom you 
met in that house on ihat day? A. That one there 
(pointing to Atzeroth), 1 think he is the man. 

Q. State under what circumstances you met him. and 
what he said to you? A. lie had onacoat darkerthaa 
that: asl was coming out heaskedme if 1 kuewwhere 
the Vice President's room was, and I told him that 
the Vice President was then at dinner; there was no 
one there thenexcept him and me. 

Q. Did he ask where the room of Vice President 
Johnson was? A. Yes sir; that was his hist question; 
I did not know the number of the Vice I'resident's 
room, but I knew it was on the right hand side next 
the parlor; however, I said to him, "the Vice President 
is eating his dinner." 

Q Did you then part with him, or where did he go? 
A. I passed on. 

Q. Did you leave him standing there, or did he go 
away? A. Well, he loi>ked in the dining room; I do 
not know whether he went in or not. 

Q. You say you pointed out tlie room to him? A, 
Yes, sir. 

Q. Was the room in view from where you pointed 
out? A. Yes sir; it was on the passage as you go into 
the dining room, and between that and the steps as 
you go down to the dining room is wuere this man 
met me. , 

Cross-exainined by Mr. Doster.— Q. What time of 
day was this? A. I think it was between four and fiva 
o'clocTi; there was no oth('r per.son atdinner but the 
Vice President himself; I was going away at the time, 
and was in a great hurry. 

Q. Whereabouts in the building did this conversation 
take place? A. In the passage leading into the diniuij- 
room. 

Q. Did the prisoner look into the dimng-room? A. 
From the passage j ou cannot look into it, but by going 
down a few steps you can see in. 

<). I understood vou to .say that he looked into the 
dining-room? A. 1 pointed to the Vice President. Mr. 
Johnson, who was sitting at the far end with a yellow- 
looking man standing behind him. 

Q. What length of time w.is occupied in this con- 
versation? A. 1 do iiotsuppose over tliree miuuto.s. 

Q. Have .vou seen the prisoner since thai time until 
vou saw hini today? A. Koslr. 

" t). Describe the dress and appearance of the pri- 
soner? A. I was in a hurry when 1 met the prisoner, 
and am therefore unable to give a very minute de- 
scription of his dress; it was dark; he had on a low- 
crowned black hat, but it is his countenance by which 
I now recognize him. 

U. .State to the Court your age. A. I was born on 
February 22d. 1803. 

LvJudi;e Advocate Holt.— Q. State whether or not 
in coming into the i)resence of the prisoner, Atzerotfi, 
this moridn:,', vou recof,'nized him at once, without his 
beinupoimed out to you. A.I recognized him with- 
out his being pointed Out to me. 

U. No iiiuication as to the person was made to you? 
A. JSTosir. 

Testimony of Beftie Washington, (Co- 
Iwretl). 

Bv Mr. Stone.— Q. State where you reside. A. I 
live at Dr. Samuel Mudds; have been living there 
since the Moudav alter Christmas. 

Q. Were you a' slave before the Emancipation Pro- 
clamation was issued? A. Yes, sir. .... 

I In repiv to a series of questions propounded to her, 
the witness ihen testitieU in substance that she had 
not been absent from the house of the prisoner. Dr. 
Samuel Mii<ld. for a single night since she li^rst took 
up her abodu with him uutU she came to Wasmng- 



LO 

;1 



TRIAL OF THE ASSASSINS AT WASHINGTON. 




(7) 



TRIAL OF TEE AS^SASSINS AT WASHINGTON. 



9;) 



ton: that during that time the prisoner hnd boon ab- 
sent Irom home on three sepaiaie occasions; tii-sl ut 
Jlr. c;eorq;e Henry Gardner's party, where he stiiid 
late in llje evening; setionU. at Giesbi.io'. w);ere ho 
wentiobuv some horses: and tliird. to Waslimgton, 
from which place he returned ou the day alter his 
leaving lionie. 

Q. Ijid von see the men called Harold and Booth? A. 
I saw onlVone ol them, thestuall one; 1 wis standing 
at the kitchen window, and just gut a glimpse othim 
as he Was going in the direciiun of the swamp. 

U. How I'ontr ailer yon saw him d;d you see Dr. 
MuUd,' A. I did not see Dr. Uludd with the man; Isaw 
Dr. Mudd about three or lOur lu.iiutes aiterwards at 
the iroiit door. 

A puoto,;raph oC Booth was here exhibited to the 
witness, but slie I'uiled to identily the likeuessas that of 
an V one she had ever seen. 

Dnriii-.ja bnefcross-examination, coiiancted by A.s- 
sis'.ant Jud^e Advocate Braigiiam. tue witness testi- 
hed that an iutei val ol about u week or two took place 
between Ihe |iri.soner's de|)anure iroiii hem ■. and that 
his brother occompauied him ou these occasions. 

Re-exninination of Jeremiah T. ]Uud«l. 

By Mr. Ewin?.— Q. Are .vou acquaintel with the 
handwriting ot the accused. Hamuei A. Mudd? A. Yes 
sir. 

g.. State whether yon see his handwritmg on that 
page (exhil.'itiug to 'witness the register oi the Pennsyl- 
vania Hoiel at Washington, on tliepage headed iTi- 
dav, IV'Cfinbi r 2 !, 18li4 )? A. I do. 

Ci. Do vou know at what hotel in Washington the 
prisoner w.is in the habit ot' Htoppiny? A. t do not. 

Q. Are \-cu acquainted with Daniel G. i'lioinas, who 
has been a witness lur the prosecution? A. 1 am. 

Q. Do yijU know his rcpuiaiiou in the neiu'liborhood 
in wh.cli he lives fur truth and veracity? A. 1 do; it is 
bad. 

Q. From your knowledge of his reputation Ibr truth 
would you believe him under oath? A. I do not think 
1 could: It has been mv impression that — 

Judge Bingham.— You need not state your impres- 

SIODS. 

Mr. Ewing— Proceed with your answer. 

A. 1 hi;vejust stated that 1 did not think I could. 

fross-examined by .\ssistant Judge Advocate Bing- 
ham.— U. Do you base his general reputation upon 
your personal knowledge and acquaintance with hiin? 
A. Yes sir, and upon what X generally heard spoken 
bv otuers. 

"q. Wiiat do you say that you generally heardspoken 
by otliers in Vc'-jard to his leputac'iou for truth? A. 
TiKit it was pretty bad. 

Q. How many people did you ever hear speak of his 
general reputation for truth bo. ore the taking of this 
te-.iimony the other day? A. I heard several speak 
of it. 

Q. How many, ten? A. I think so; I will not say 
positively; 1 am. speaking nowfrotn what I have heard 
generally. 

Q. Can you name the ten? A. I really do not know. 

Q. Can you nanie half of the ten? A. I think I can; 
1 migl.t name a dozen. 

tj. Well, who are they? A. I might name Dr. George 
Mudd lor one. 

Q. Wiien did you hear Dr. Gaorge Mudd speak on 
the subject? 1 heard him speak of it as late as two 
years ago. 

Q. Wuatdidhe say of the general character of the 
witness lur trulh? A. That it was bad; that h ■ did not 
beiieve his general character ibr truth was good. 

Q. How did heconie tosa.vlhat? A. It was in con- 
nection with some matters that occurred about the 
lime 01 staiioning Colonel Birney down there. 

ti. Y'GU did not understand that Thomas was op- 
posed to Colonel Birney? A. Not at all; I simply men- 
tion that as bein.g about the time. 

Q. ytate all thecircumsiance.s in that connection? A. 
It w:;s about the fact of Thomas hav ug a man named 
Payne arrtsted there— !or what I donot know; the 
man who was arrested had a brotlier in the Ilebel 
army, and some of his brother's tneuds came to his 
house. 

Q. Then the arrest was made on the charge of en- 
tertaining Rebel soldiers? A. Yes iir; I presume it 
was. 

Q. Was that the only man whom you overheard a.s- 
sailstlKS man's character for trutli? A. 1 believe there 
were others. 

Q. Who were the Others? A. I do not know that I 
can name them. 

Q. It you cannot name two men who ever assailed 
his character lur trutii. how can you come to the con- 
clusion thathis general reputation lor truth is bad? A. 
We 1, I heard a number say so. 

By the Court.— Ci. What relation are you to the pri- 
soner? A. My father and his father were cousins. 

Q. Have you been Intimate with him? A. Mode- 
rately so ; we met Irequently, as I live in his neighbor- 
hood. 

By Mr. Stone.— Q. Have you been in the habit of 
serving on the juries in the county where you live? A. 
I have, frequently. 

Q. State whether Mr. Thomas has not frequently 



been a witness in court when y«u were present? A.I 
do nut recol.ectof his having been a witne.ss in court. 

By Judge Bmgham.-Q. Have you heard any one 
assert that Mr. ihomas ever swore lalsely in court? 
A. No, sir. 

Q. Are you aware of the fact that he ha.s been a sun- 
porter oi the Government and has actfd us an oillcial 
lor the Government since the Bebellion broke out' A 
\es. sir. >i ""^. ^x. 

Q. A -e you aware of another fact, that a verv con- 
siderable pyrliun of the people 111 (St. Charles county 
are reputed somewhat <li.sloyal and a guud deal fav.^r- 
able to th,s Bebelliun? A. I am iiware that several 
young men Irom our st-otiou have gone into the 

a. Yes; and many of those left behind have been 
making a good deal of c amor: have they lu.t acied 
against the Goveriuiionl.andin lavor ol theHebellion' 
A. JSut to any gre;it extent. 

Q. That is the general report. Is it not? A. Well- ves 
sir. ' ^ 

Q. Are not the men who have .spoken against this 
man 'Ihomas of that class who bear the general repu- 
tation oi being against theGovernmeut? A. Ireallvdo 
not know. •' 

Q. Have you any knowledge of Bebels being fed and 
couce.led in that neighbo. hood by tlieresiilents there' 
A. I have not; I have seen men in Brvantown iiass ng 
and repassing who I was told were Ilobels; as to their 
being jed or concealed in my immediale neighborhood 
1 have no knowledge. 

B.v Jlr. Ewiiig.— ti. You have spoken of Dr. George 
Mudd as one of the men who said that he regarded the 
reputation of Thomas fur veracity us bad- state 
wlietherDr George Mudd is a Rebel sympathizer or 
not. A. I regard him as liavlng been, throughout this 
war, as strong a Union man as auv in the United 
f-^tates: I never heard him e.xpress the slightest sympa- 
thy with the Rebellion. ^ ^ 

Q. What IS his rejjutation for lovaltv? A. I think 
there wou'd be very litili^dilHculty in e.stahlisning the 
fact of its being very good; he is so regarded univer- 
sal ly. 

By Judge Bingham.— Q. Did' you ever hear Dr. Geo. 
Mudd say anything against the Rebellion? A. Very 
Oiten. 

By Mr. Stone— Q. Did Mr. Daniel Thomas hold any 
po-ition under the Goverumeut? A. He said that he 
was a detective. 

U, Do you know such to be the fa«t from any other 
source than himself ? A. I do not. 

U- Under whose orders did he claim to have been 
acting? A. I think under Colonel Holland, the Pro- 
vost Marshal of our district. 

Re-examinatiou of Benjamin F. Gwynn. 

By Mr. Ewing— Q. State whether last summer, in 
corapany with Capta'in While, Irom Teniiis.see, Cap- 
tain Perry, Lieutenant Perry, Andrew Gwynn, George 
Gw.vnn, or either of them, you were about Dr. Samuel 
A. Jliidds housefora numberof days. A. I never saw 
any of these parties except Andrew Gwynn andGeorge 
tlwyiin, and have not been In Dr. Mudd s liouse since 
about the 1st ot November. l«(il, nor nearer to it than 
the church since tlieuth of November, ISBl. 

ti. State what occurred in isiil, when .von were in the 
neighborhood of Dr. M dd's house. A. I wsls with 
my brother, Andrew J. Gwynn, and .Terry Dyer: about 
that lime General Sickles came over into Maryland, 
arresting everybody; I was threatened with arrest, 
and left the neighborhood to avoid it; Iwentduwnto 
Charles county and stayed w-ith my friends i here, as 
ever.vhody else was doing; tliere w^ a good deal ot 
running around about that time. 

Mr. Ewing— Go on and tell all about it. 

Assistant Judge Advocate Bingham objected to tho 
witness being allowed to state anything further on 
this point, as it was not in issue what was done in 1861. 

Mr. Ewing said the prosecution had shown b.v lour 
or live witnesses that a party, of whom the witnes,s on 
the stand was one, had been collected in the pine woods 
in the neighborhood of Dr. Mudd's house, having their 
meals brought to them by his servants; and had also 
attempted to show that these persons were in the Con- 
federate service, and that Dr. Mudd was guilty of trea- 
son in attempting to secrete tnem. It the delense 
showed that this was not done last year, it would not 
be a complete refutation of the testimony, becau'^e it 
may be alleged to have been done previously. The 
delense wishtd to show that this concealment was the 
concealment of a much smaller party than was slated, 
and of men who were nut in the Confederate service, 
and also that it occurred at another time from that 
stated. To denv the accused this opportunity would be 
to withhold a most legitimate line of de ense, and to 
refuse to allow him to refute the whole mass ol lo.se 
testimony of ignorant servants (ignorant as to dates), 
would beniost unjust. 

Judge Bingham contended that there wa.s no color 
of excuse for the at;cmpt to introduce testimony in 
regard to the year ISUl. The reason why the objection 
was not made sooner was because the prosecution had 
been unable to perceive the purpose oftlie counsel lor 
the defense in following such a course. It was proper 
for them to swear this witness as to his whereabouts, 
so as to contradict the testimony of Mary Slmms, who 



100 



TRIAL OF THE ASSASSINS AT WASHINGTON. 



had sworn t»'having seen him last summer. To go 
further than that was not legitim.ite. Il'thls course 
was persisted in. and everv witness called in regard to 
181)1 was to swear deliberately and maliciously laUe. 
there would be no ijuu-er iu the court topuu;sh ihtm 
for perjury, lor the simple reason thai tliere was no 
issue be. ore the Court, eitlier in the tvidence adduced 
orin l^e charges and speciflcations which would au- 
thorise any inquiry about it. 

The objection was sustained. 

The Commission then t 'ok a recess until 2 o'clock, 
at which tune the body reassembled. 

Re-examination of Benjjtuiin F. Gwynn. 
Continued. 

By Mr. Ewing.— Q. State where the party of whom 
you have spoken as being in t.ie innes got their mculs 
and slept. A. The.v slept in the barn, near ihe.--piiLig, 
on bedding furnished Irom Pr. JludU's, and were fur- 
nished wiih me.vls by Dr. Mudd; we remained there 
about four or live days. 

Q. State the circumstance? of your being there and 
what occurred. A. A-; X said bL-lore, 1 went d iwa t'.iere 
end staved around the neiiiriiborhijud. part oi' the time 
alDr. Mudd's house and part ot tlie tkne elsewhere; 
lie gave lis something to eat, and some bed clotiung. 

Q. AVere you and the party with you iu his house 
during the time you were there? A. Yes sir, almost 
everv dav. l think. 

Ci. Where were your horses? A. At the stable, I 
think: I do not know who attended to them. 

Q. Do }ou know where John ill. Surralt was at that 
time ? A. I think he was at college. 

Q. Do you know whether there were any char.ges 
against you and the party that were there? A. I came 
up to Washington about the lir.-t of iNovember. and 
gave mvseU'up. havinggot tired oiSla.vin-,' away: they ] 
administered to mc the oath, and I then went ho;iie; I i 
think they said there had not oeen any charges against 
me. 

Q. What induced the party to go to the pines to 
sleep? A. To avo-d arrest. I did. 

Q." What reason had you lor supposing j-ou would be ] 
arrested? A. Almost everybody iu our noigi'.burhood 
v.aa beiugarres^ed, and 1 understood I would be, loo; 
so I went down there. 

Q. nave you seen Surratt in Charles county since? 
A. I have not; I xash to st:ile here that it was not m 
i^foven^ber I slepcTn the pines, it was in Ai yu.u. 

Q. You spoke oi' Andrew J. C.wynn bein? thgre with 
you; will you state where he has been since? A. He 
hapibeen South. 

U. What relation do you bear to him? A. He i.s my | 
brother; he live-i in Prince George's couniy, some eight 
miles irom uiy hous^'. | 

Q. Did yuu hear of Andrew J. Gwynn bein.g in that 
section since IbGl? A. I heard he was there some time 
during last winter.! think. 
Q. What time in 1S61 did he go South? A. In August. 
Cross-examined by Jud^je Advocate Holt.— Q. You 
spoke of the univei-sality of arrests in IKGl: did you 
understand that they were confined to persons sus- 
pected of disloyalty and disloyal prac.ices? A. They 
were, generally; there v.ere several volunteer com- 
panies there wnose members were arre ted. 

Q. Were those companies organized for the de.'"ense 
of the United States. A. They were cuuimissioned by 
Governor Hicks. 

Q. On.what grounds did you suppose you would be 
arrested? A. I was a captain of a company down 
there. 

Q. Organized for what purpose? A. It was called a 
home guard, and was raised ior the purpose of protect- 
ing I be neigiibors; at that time there v..:s a goou deal of 
disaCfection among the blacks; it was ihoOght to bo a 
proper time for raising coini)anies through the coun- 
try; I thereiore petitioned Governor Hicks, and he 
gave me a commission. 

Q. Was it not understood they were organized to 
stand by the ft^tate in any disloyal posiliii she might 
take against the Government of the Un.ted Stales? 
A. Y'e.isir, I so understood it: tliey arrested several 
membersof my company, and, as I understood there 
was a warrant lor my airest, I lelt. 

Q. Youslciit in the pines for the sole puriioseof es- 
capin.; arrest? A. Y'es sir. 

(j. Dr. Mudd. I suppose, concurred fuU.v In your sen- 
timent aud the sentiments v.'liich pervaded the local 
ort' - lizations? A. I do not know what his sentiments 
were at the time. 

By Mr. Kwmg.— Q. When was this corannny, of 
which you were captain, organized? A. Ilhiuk iu the 
fall oi'ls-JJ orwiuterofl IM. 

Q. Ke.oro or alter the election of Mr. Lincoln? A. I 
do not Icno.v ; 1 tliink v.e c.jm:ucnce I to organize our 
comiiany bcKre that, but were not fully organized 
uniU a;ter that time. 

Q. How fur wa; tlic locality o'' this or.:anization from 
Dr. Mudd's i)lae;? A. ?Vb( ut ten m.les. 

Q, Do you know whether Dr. iMudd was a member of 
any of those Volunteer coaipanies? A. 1 thjnk ho was 
a memlier of a company gotten up in Dryarrtown. 

ij. Are y^u sure of that? A. i. do not know posi- 
tively ; I think so. 



Testisnony of Jerry Dyer. 

E:^amined by Mr. Ewing.— Q. Slate where you live. 
A. I live in Ealtimore. 

Q. State where you lived prior to that. A. In Charles 
couuty. 

(J. Do you know the prisoner. Dr. Samuel A. Mudd? 
A. Yes Sir. 

Q. How far from the house of Dr. Mudd? A. About 
a mile nnd a lia:f in a direct line. 

U. When did you leave your residence in Charles 
county? A. In May, two years ago. 

Ci. State how long be. ore you went to Baltimore you 
had lived in C.iarles couuty. A. iC was raised there. 

Q. State whether you knew Sylvester liglan. who 
has Ijeeu on the witness stand. A. I do not know him 
bv that name; he was called El; he is a little boy, a 
servant of the father of Dr. Mudd. 

Q. Do you know his brotiitr Frank? A. Yes. 

Q. Do you know Dick Gardner or Euke Gardner? A. 
iXot b.v tiiat naufe: I knew Dickand Luke W'ashington, 
who, 1 presume, tire the ones you mean. 

Q. iStatftwiieti.er in August, isca, at the house of the 
accused. Dr. Mudd. under an oak tree, wh»:i you was 
in conversation with Walter Bowie aud the accused, 
the accused said he would send .Sylvester Eglan and 
his brother I rauic. and others of his servants, to llieh- 
mond. A, I never had any sucii conversation with 
him in ray life, and iu August I was not in the county; 
1 went to Baltimore the lirst day of Au-;ust, anJ re- 
mained until Uetober. when hearing that some of my 
hands I'.ad left the larm, 1 went down to see about c ir- 
ryiug on the farm; about thirty or forty hands left the 
neignborhood about that time. 

Q. And you never, at tliat or any other time, heard 
him tlireaten to send any of his servants to Uiehmund? 
A. iXever; I heaid,when 1 got down in the count.v, 
that sucii a repi rt had been started tiiere by a certain 
man \n the neighborhood; I never heard Dr. Mudd say 
any siicii thinj;. 

ti. D d you ever meet Dr. Mudd in company with 
Walt?r Bowie? A. IS"ot that I know of. 

tj. Can you say that you never met Dr. Mudd in com- 
panv with Walter B.Avie at the house of Dr. iJiudd's 
fatlier? A. I am satisued 1 neverdid: 1 recollect about 
tv.o .wars ago, in tne iall ot isti2 or spring of lisi;. wiien 
some one rode into the lane, I turned and asked who 
thai wascohiin,;; he s.".id:— • That is V\'aiter Bowie; I 
wonder whitt he wants here? " and turned and went 
into the house: iiest.;yed about for some minutes, and 
liien weniaway: I don't recollect wiietlier Dr. Mudd 
was there or not; my impression is he was not. 

Ci. Do vou know Andrew Gwynn? A. Very well. 

Q. Dovou knv)W where he has been since ISUl? A. 
He has been In the Rebel army. 

Q. iEIave you ever seen him since 1861? A. I have 
not. 

Q. Did you meet him with Surratt and Dr. Blanford 
at the house of Dr. Mudd? A. iNever; I never saw 
Surrutt there in niy life: the only time I saw him at all 
was coming into Dryantown some two or three years 
ago. 

Q. Do vou know whether or not any of Surratt's 
family were in Bryantowu then? A. He had a sister 
thereat .school. 

ti. Did vou last year see Surratt drive up to the house 
of Dr Mudd's lather, and take his horse out of the 
buggv? A. 1 did not. 

Ci. Areyt uacquainte.l withlhewitnessMilesSitunrs? 
A Yes, 1 know him; I e used to live with Dr.'iNiUdd. 

Q. Do vou know Baciiel Spencer. Elvina Washing- 
ton, Elge Eglan, and Mary Simms ? A. Yes. 

C> Stale whether an v oi them were servants of Dr. 
Mudd in ISUl. A. I uiink they a. I were: I know I 
bou "hi the woman Elvina about ISGJ or 18B1. 

Q. State whether y. a were at Dr. Mudd s house, or 
in the neighbor. .ojd. witn Ben Gro,'un, in the summer 
of isi)l ? A. I was iu S.'ptcmbe;-. isi.l. 

C2. How long were you at the house? A. We were in 
the neigbborhood about a week. 

Q. Wnut wore you doinr? A. We were knocking 
ab..ut in the hu hei and pines; there was a report that 
everyhud.v was lo be arrested; they were arresting a 
great inauy men in tiiat nei:.:l.boihood; Mr. Gwyna 
came down and said they had been to the house to ar- 
rest u :; I also reei.ved notice that I was to be i rrested; 
I came to Dr. Mudd's and stfyed about there, sleeping 
in the pinesb •iweenliis..ousoand mineseveral nights; 
we were two nigiit i very iiearhis sprin ;. 

ti. Where did you get your bed clothing? A. At Dr. 
MiJdd'.s house. 

Ci. Where did you get your meals? A. W hen we 
were near hishou.e Dr. Mudd brough' the meals in; 
a part ot the time we were on the opposite side of the 
swaruii; while we were on this side we were about two 
hundred yards Irom his (Dr. Mudd'si house; he would 
sometimes bring down a baslvot, with bread, meat, 
whisky, Ac. and tne girl (Mary Semmesj sometimes 
brougiit coffee, _ » . ^ 

Q. Who took care of the horses of the party? A. I 
believe tlie horses were le.t at Dr. Mudd's stable, and 
suppose the boy Milo took care of tuem; he was about 
there. 

Ci. State bow the parties were dressed? A. They had 
on citizen's clothes. 

Q. Whocomiiosedthe party? A. Ben. Gwynn, An- 
drew Gwynn aud myseUl 



TRIAL OF THE ASSASSINS^ AT WASHINGTON. 



101 



Q. Were apples and peaches ripe about that lime? 

A. It \vii3 about pc;icli season. 

Q. Do you know whctuer a watch w.is kept at Dr. 
Mudd'w Uouso when you were there? A. I eeoUect 
tell.noithofhUclren to l;eip a lookoutancl let mo know. 
Q. i)o you know whether Albion llrookewas about 
the house ut that time? A. I think he was not liviu;; 
tht-re. but he oiten came across tliere. 

Q. Do you know whether there was any warrant for 
your arrest on any c;iarges aijainst you? A. I do not; 
there was a t;eneral stampede of people, and a great 
excit.nient in that wliolccommunuy. 

Q. Do yfuknow Daniel S. Thomas one of the wit- 
nesses (or the prosecution? A.I have known liim 
quiie intimately since he was a boy; I have seen much 
of hiin lor the last two or three years. 

Q. Are you acquainted w.lh t:ie reputation in which 
be i; held m tlie eommanity in wl:i;'li he lives lor vera- 
city? A. I only know ironi pub:ii- niJlior; therpare 
very low who have anv coniidenco in him. 

Q. Fro::iyour knowledge of his reputation for vera- 
city would you believe him under oath? A. I would 
not. 

Q. Are you acquainted with tlie accused, Dr. Mudd? 
A. Ye ; 1 have known him from a boy. • 

Q. \Vu .t is his aenciul ro;/Utatioa .'or order and good 
citizenship. A. Ihuvo never ncaid llie^.ghe.t taink 
UTamst him: he has always b; eu regarded as a good 
citizen, as a man of peace; I iiave never known liim 
have any dliricuity, but have always regarded him as 
a peaceable, quiet citizen. 

Q. Wliat ii h;5 r?p.iiation as a master over his ser- 
vants? A. 1 liavealw.iy.s cons.dored lnai a very kind, 
humane master; 1 have not kiiow.i anyiuiug to the 
coetr.iry, with the single e.^ception of his shooting 
that boy. 

Cro s-e.icaminntion by Judge Holt.— Q. You say you 
would not b. Ik.ve 5ir. Thomas under <jalh; have you 
ever heard him cliarged witli hav,iig sworn lalsely on 
aiiv occ.xs.on? A. I da not Icn^w as I liave. 

Q. I'e is rather a talking, noisy man in the neighbor- 
hood, i; he? A. Ve-. 

y. lie talks a great deal about the L'nion, and a 
great deal against the Itebeilion, don t he? A. 1 be- 
lieve lie does. 

Q. He has a reputation of being intensely loyal to the 
Govci nmeiit. has lie? A. X think he has; I believe he 
is eoi!-; d'.rcd loval 

t.:. Have you been loyal during the Rebellion? A. I 
do not know ihat I have beeu guilty of any act against 
the Government. 

C). J speak ol'your sentiments: have you during this 
Itebell.un desired tlie Government to succeed in putting 
it d jwn ? A. 1 never warned tivo G ivermiieuts. 

Q. The question is a direct and p.ain uoie. I desire 
you to answer ? A. I can only answer tljat by saying 
I never wanted this CJovernnunt broken up; I would 
rather have seen one Government. 

Q. Will you pleas3 answer t!:e question directly; yes 
or no ? A. I hardly under>tantl your question: Ithink 
I have desired the Government to succe d. 

Q. "\cu say you luive committed no overt act of dis- 
loyalty? A. Is'ot that I am aware of. 

Q. Have you ever spoken k.ndiy ol'the Government 
and encouragingly to;- our loyal neighbors and Iriends? 
A. I certainly have: I lia\e endeavored to dissuade 
young men from going into theSouthern army. 

Q. Were yon or not the member of a local organiza- 
tion the (bject of which w;.s to s and by toe btate of 
Maryland in the event of her talcing ground against 
the Government of the Vniled States A.I belonged 
toamili;ary organization. 

Q. Yon state that you were at Dr. Mudd's in ISGl; 
did you not suppose at that time that tliis orj'anization 
of which you were a member was regarded as disloyal 
to the Government? A. I hardly know how to answer 
the question: circumi-tances have clianged so since 
then; at that time everything was conlusion and ex- 
citement, and I can hardly answer the question. 

Q. Have you any knowledge of the existence of a 
treasonable organizaiion in th.s country known as 
'•the Knights ot the Go'.den Circle" or "Sons of Li- 
berty?" A. I have not except what I have seen in the 
papers. 

y. At the time when you were a member of this or- 
ganization, in the summer or fall of ISul, was not the 
subject of the Legislature ofJIaryland passing an ordi- 
nance ot secession discussed among you? A. Not to 
my knowledge; I may have heard such a thing spoken 
of, but I do not know that it was discussed to any e.x- 
tent. 

Q. Can you mention the names of any persons who 
have been most decided in expressing the opinion you 
have stated in regard to Mr. Thomas' character for 
truth? A. It has been the talk of almost every man in 
that whole country. 

Q. Have you ever heard of a man of known loyalty 
(an ardent supporter ot the Government) sneak of Mr 
Thomas as a man not to be believed under oath? A. I 
do not know as I have. 

By the Court.— Q- Did not you rejoice at the success 

ofthe Rebels in the first battle of Dull Tlun? A. I do 

not know as I did particularly. 

Q. Did you generally? A. I do not know as I did. 

Q. On which side were your sympathies at that 



time? A. I supposp with the Rebels at that time: I 
judge so; 1 do not km. w. 

Q. When llichmoiid was taken on which side were 
your symiiatbies? A. With the United .stales tlovern- 
nieot: I wanted them to take Richmond and the wa* 
to stop. 

Ci. What timedid your sympathies undergo achange 
and wlait pn.uueed iliat elianue? A. 1 do not know; 
the on.y thing 1 ol'jeeteil to was the emancipation ot 
the slaves; that I iliought was wrong. 

Dy Judge Burnett.- y. How aboiit the draft? A. X 
joined a duo. 
Q. To save yourself from being drafted? A. Yes. 
(1. What d.d you say about the draft being euiorced? 
A. Not a woi'U tliat I know of 

By Mr. Kwin,'— -Ci. \\a i the understanding of which 
you have spoken as to the character of the witness, 
Thomas, for truth in his iieighboi'hood during the war 
orbo.ore? A. I spoke ol hiui from his reputation for 
years buck: live orsix years. pro!)ably. 

Q. Vv' as whr.t you have heard based on an estimate 
ol his veracity chielly beioro or since the war? A, I do 
not know: he has not borne a very good repuiatioa 
since lie was u lioy. I have heard him spolcen of as a 
man wlio would lalk a t;reat deal and tcli stories. 

By Mr. St: ne.—(i. Wnat is your business in Ralti- 
nioie? A. I am doing a commission business, selling 
tobacco, ifcc. 

Testimony of 1>p. Wwi. T. Bowman. 

By Mr. Stone.- Q. Where do you reside? A. Bryan- 
town, Charles county. 

Q. Did you know J. Wilkes Booth? A. I did: I first 
saw him. I believe, at church, in Bryantown: Ivvastold 
tiiat his i.ame was Booth, and a few days alterwards I 
saw himagaiu at Bryantown. 

Q. Do you know what was ostensibly his visit to Ihat 
pan of the country? A. Whon I saw him again at 
nryaiitown he asked me if 1 knew any pers .n wliohad 
land to .seil; I told him I had some 1 would dispose of: 
he asked where il was, and I pointed out the place; he 
thtii asked me about the price, and I tokl him tnore 
were two tracts, out? of 180 acres, another belonging to 
the estate, and lold him the price: he tiieii asked me if 
I had any horses to sell; 1 said I had several horses lor 
sale, lie said he woubl come diwn and look at them. 

ti. Did you knowof Dr. Mudd's land b^viig for sal* 
heloreyou eanie d iwo iliere? A. I Innvrd hiin say last 
summer that he could not get hands to work Ills larm, 
and Ihat he belie . cd he woall sell and go inlotlio mer- 
ean de business at Benedict, a place east of Bryantown, 
on tiie Pawtuxei.t Kiver. 

t,'. D I you know whether prior to that time Dr. Mudd 
wa. in a treaty wi I U any other one about the sale of his 
land.' A. 1 thinic he was. 

C I'o yon know wii'tlier Booth inquired of any one 
else about land ill that ii'Mgiiborhood? A. I do not. 

Q. \v luil is ll:e di'tanee from Bryantown to the 
Pawtuxent River ut the nearest point? A. About ten 
miles. 

(.i. What is thedistancefrom Bryantown to the neareet 
point on the Potouiae? A. I toink Matthias Point is 
the nearest crossing, about five miles disiaiu. 

(i. How tar does Dr. Mudd live Irom the I'awtuxent 
line? A. About eightorninemiles. 
Testimony of Oeorge Kooles (Colored.) 

Q. Where do you live? A. With Dr. Samuel Mudd. 

a. At w hich of his places? A. At the place near 
Bryantown. 

Q. How lar is that place from John McPhe son'sT 
A. About half a mile. 

Q. Stale whether you saw the doctor on Easter Sa- 
turday evening. A. Yes sir. 

Q. Where? A. Just below my house, coming from 
Bryantown. 

(i Docs the main road from Bryantown to the 
swamp lead bv vour house? A. Yes sir. 

Q. To go toBrvantown from Mudd's you can either 
go up tne swanip or by your place? A. Y'ou can go 
the plantation pal h or the road, either one. 

Q. Did Dr. Mudd, coming from Bryantown, pass 
throuudi >-6ur place? A. Yes sir. 

Q. Was there any one with him? A. No sir; no 
one. 

Q. Are there anv woods between you and JlcPher- 
soiis? A. Only a few bushes and briars in the swanip. 

Q. Where had you been that evening? A. On the 
swamp, with my hogs; as I came, I met Dr. Mudd 
coming from Bryantown ; he kept on with hi^business 
and I kept on with mine; it was between three and 
four o'clock. , j» . .»., 

Q. Did you see no one pass up either road? A. No 
sir. 

il. Is there anv road that turns out between your 
house and JfcPlierson's? A. No, only the path that h 
goes to Mcpherson's house. 

Q. Did you see anybody on horseback or standing 
there? A. No sir. „ ^, . ^ 

Q Did vou go near enough to see them if there had 
been any"one? A. Yes, I should have seen them as I 
passed across the mam road. 

Q. Did you pass quite near the little swamp? A. Yes 

^'q. How was the Doctor riding? A. At his nsual 
gait. 






102 



TRIAL OF THE ASSASSINS AT WASHINGTON. 



Q. Was that Dr. Madd's usual route when he went to 
Eryantown? A. Yes; he aiwuys i>a6sed through that 
" way. 

Q. You are attending to that place for old Dr. iludd, 
are you not/ A. Yi'SS;r. 

Q. Uid Ur. Mu'ldstop? A. Yes sir; and he spoke to 
me; he asked me w.iere I had been. a;.d t told iiim. 

C"r(,ss-e.\amiualion.— Q. You told hiui you had btea 
in the swamp? A. Yes sir. 

Q. Did he ask you if you had seen anybody there? 
A. Kosir. 

Q. How far was he from Bryantown? A. About one 
mile. 

Q. What sort of a horse was he riding? A. The bay 
filley. 

Q. Is It his horse? A. Yes sir. 

Q. Had yt.u seeH it before? A. Yes sin I knew it well. 

Q. '1 h.s was on the b\ road? A. Vessir. 

Q. Did lie say anything about Bryantown at all? A. 
Not one word sir. 

Q. You could n«t see all over the swamp? A. No sir. 

Q. A man nii-^l:t have liecn tlicre oil' his horse and 
you noisee liiQi at all. A. Y'essir. 

Testimony of Mary Jane Senimes. 

Q. Where did you reside last year? A. With Dr. 
Samuel Mudd. 

Q. Did you reside there the whole year? A. Yes, 
except when X wejt visiting at my sister's; I never 
stayed over two or three wee 1:3 at a lime. 

Q. Do you know Captain B. Gwynu? A. I have a 
slight acquaintance with him. 

Q. Do you know him when you .see him ? A. Yes sir. 

Q. Do you know Andrew Uwynu and Geo. Gywnu? 
A. Yes sir. 

Q. Do you know John Surratt? A. Y'es sir; I have 
seen him once. 

Q. Were any of the parties whom I have mentioned 
at Dr. iMudd".s last j ear? A. 1 never saw tuem. 

Q. iNoneot'th ni? A. !Not one. 

Q. Do you know of anyone staying in the woods and 
being fed from the house? A. There never was anyone 
there that I evtr h'. ard of. 

Q. Whattini6cfyearwasit that you paid these visits 
to your sister? A. lt\ March last; March twelve months 
I staid three or lour weeks. 

Q. You were at Dr. Mudd's during the spring season 
and fall ? A. Yes sir. 

Testimony of A. S. Howell. 

Q. Of what State are you a resident? A. Of Virginia; 
I was formerly of Maryland. 

Q. Are you acquainted with Mrs. Surratt? A. Tes 
sir. 

Q. When did you first malce her acquaintance? A. 
About a year and a hali agosir. 

Q. State 1 1 the Court if you were present with Mrs. 
Surratt and her father at Surraltsville? A. iSTo sir. 

Q. Did she. at any time that evening, hand you a 
newspaper to read for her? A. Y'es .sir, I think she 
did. 

Q. Did you learn the fact at that time that she could 
not rei'.d by candlelight? A. No s r, 1 tiiink not. 

Q. But she did band you the paper to read lor her? 
A. Yes sir. 

Q. Have you been to her house in this city? A. Y^es 
sir. 

Q. At what date? A. On the 20th of February. 

Q. What time did you go there; was it in the day or 
evenins;? A. Alter dark; possibly about eight o'CiOck. 

Q. Was the gas lit in the hall? A. 'ies sir. 

Q. Was Mrs. Surratt able to recognize you then? A. 
Not till I made mysel/known to her. 

Q. How many times d d you speak to her before she 
recognized you? A. I don't remember e.xaetiv. 

Q. Did y( u tell her who yoa were? A. Yessir. 

Q. Are you acquainted w.th Lewis Weicnman? A. 
Y«s sir. 

Q. How long did you remain at Mrs. Surratt's? A. I 
was there two days. 

Q. What was your object In going there? A. On a 
vl.sU 13 much as anything else, I had no business 
there in particular. 

Q. What was your reason for not going to a hotel? 
A. I knew tliem. and thought I would spend the time 
belter tiiere than at a hotel. 

Q. Were you short of money at that time? A. Yes 
sir. 

ti. Hod vou sufficient means to pay your e^cpenses at 
a hotel? A. I dO'it think Ihad. s.r. 

U. Alter you made the acquaintance of Mr. Weich- 
ma> did you show him any cipher? A. I showed him 
how toma!ceo:ie. then he maae it himselt. 

Q. Was it smpleorcompLcated? A. I could tell the 
ciplier if 1 saw it. 

Assi tant Judge Advocate Bingham then said— Show 
hlrti the cipher on the record. It is number three or 
four. 

Q. Was it like that or similar to it? A. It was like 
this but th's is not the one. I tliink. 

Q. Did Weichman give you any information with re- 
gard to t; epr.sonirs weattliat timohad on hand? 

Objected to and the question waived. 

Q. Didyouliaveany communication with Mr. Weich- 
man witli regard tohis goiu^South? A. Yes sir. I had. 

Q. Stale what it was and what he said? A Hesald 
lie would like to go Souili. 



Q. What reason did iie give for wishing to go South? 
A. He d i{ not grveany partirular reason. 

Q. Didh3sayany;h.ngin connection with his going 
South abo.it h ssymp.-ihies? 

Ob.ectp I loand'tli'?cue-tion was withdrawn. 

ti. Didyou l.aveary conv :-s .tio.'i wi h Weichman 
Willi regavil 1) eettiim him apace in Kichmond? A. 
He asked if! thought he coiild get a p.ace ihere as 
cleric; I tuld iiim it w;;s doub;.ul, ueai;sf> the wounded 
soldiers had the preierenc tiiere, bv order Oi the War 
Department. 

ti. state whether he stated to you what his svmpa- 
thieswere. cUbjected to. but the obiec.inn wai v. ith- 
drawn). A. We were t;il,.iii': n;autrs over, and he 
.said that lie iniendid to eo Smth ai;d w^uleaijfo 
Willi me.aiid Isaid if tiiat wa^ ihe casr; heh d bnter 
go then,cs X dil n't know when I shoulder s.s the river 
again; liesaid he was riol ready togojust then; !.■• loid 
meh ssynipatiiies w lewithtlie .•- uio;aiiil ihai the 
SoiUii. liethoiigit. Would uiiimately .^^ncce d. 

Q. Did he Say that be had doue all he could do for 
theS.jiithern ciovernniei..? A. I h -ieve hedid. 

Q. D.d hesay he wai aiwav.s a friend to the South? 
A. He did. 

Assistant Judge Advocate Bingham stated that he 
Ob;ecied loan iiiis. lie 1.. ght b.- overrul.d. but i:i ths 
(.ourt or outide of it he woall obect to any such pr.> 
ceedir.gs, and.st >.ted tijat iu his opinion it was a mere 
burlesque on justice. 

The Commissi. m sustained the opinion of the Assist- 
ant JLKl^'e Advoc.ite. 

Q. Wiiile at Mis. Surratt's did you learn of any trea- 
soiiab.e plot or euteprise in existence? A. Ididnutsir. 

Q. Did surratteverg ve a des.jalcli, verbal or writ- 
teu. to take toltichmr nd? A. >.osir. 

Q. Did Weichmangive j-ou a full return of the num- 
ber oi prisoner ? A. Yessir; hestated tj niL' tiie num- 
ber tiii.t the United Stiites Governmeiu h;;d. and tne 
number they had over what t:ie Cou.'ederate Govern- 
ment had: idouh'edit. but he said he had the books 
iu his own office lolooliat. 

C'loss-exauiinalion.— Q. \\'Xiere do you reside? A. la 
King George's coiiiity."\irginia. 

Q. How long have you resided there? A. About two 
years oif and 01. 

Q. ^Vhered.il you reside in Maryland? A. Be ore the 
war in Prince George's county. 

Q. IioesyourJaiuiiyres.de here? A. Y'es sir. 

Q. When did yf.u lirst make the acqaiiniance of 
Mrs. Surrait, and her family ? A. A year and a half 
ago. 

Q. Where? A. Down in the country, at their hotel. 

Q. Was she living tliere loen ? A. Yes sir. 

Q. You know Jniin Suirutt ? A. Yes.^ir. 

Q. Did he accompany you to Bichmond ? A. Never 
sir. 

Q. Wi:at has been your occupation for the last year 
andahaif? (This i:U'>stiou w:;s o jocted to, and the 
objecliou wasov. rriiled). A. I hive had no particular 
occupa ion since 1 ve been out ofthearjjiy. 

Q. Whiit army ? A. 'Xhecon.ederatearmy. 

Q. What i.ort;Oii oi thearn:y did y> u serve in? A. 
In the F.rst Maryland AriiUery till July. 1862; I then 
left the service. 

Q. Were you mustered out ? A. I was discharged 
on account of disabiliiv. 

Q. What have youbeendoingsincethat ? A. I have 
not been pinployediii a.iy par.icular business. 

ti. Wiiat haveyou been a ing? A. Ko.hing. 

Q. Xlaveii'tyou been luaking tripstoRlchniond? A. 
I've bien there sir. 

Q. H<)w frequently ? A. Some time once in two or 
three months; I've been there twice since the liist of 
April, twelve mi nths a.'o. 

Q. An<ltho^etwo times were when? A. In Decem- 
ber last and iu February. 

Q. Did you go alone in December? A. There might 
have b pusoniegentleMieii with me. 

Q. Wneredid >ou cro~s ihe line 01 the blockade? A. 
In Westmore.aiid county. 

Q. Well, in i'ebruary, who accompanied you? A. 
Haifa dozen persims. 

Q. Who were they? A. Persons from the neighbor- 
hood. 

Q. .Any from Washington? A. No. sir. 

Q. WnatwiLsyour business there in December? A. 
No more than to see my Iriends. and buy .some drafts. 

Q. Didyou buy any draits? A. X tliink I did. 

Q. Dialtson whom? 

[The witness here objected to answer that question, 
on the ground t hat he did 11. >' wis j 1 o cr : mi nato others.] 

Q. Were Ihev persons i.i Washington? A. Nti. sir. 

Ci. Wlio wtre they drawn on? A. On some of my 
friends in Maryland. 

(i, ^\■hat part of Maryland? A. In Prince George's 
county. 

ti. Were any of those drafts drawn on any of the ac- 
cused? A. No. sir. 

(J. That was iu December? A. Yes sir. 

Q. What was your business there in February? A. 
To see my friend-. 

(i. Did you carry any despatch? A. No; never in my 
life. 

U. Did you take any notes, or bring any back? A. 
No sir. 

Q. Did you bring back any draits? A. Y es sir. 



TRIAL OF THE ASSASSINS AT WASHIXGTOX. 



103 



Q. From whom? A. From friends of mine in the 
army. 

■ Q. How far did you carry despatches? A. I never 
carried any. 

Q. You are acquainted with the Surratts? A. Yes 
eir. 

Q. How often have you visited them; how often did 
you go ta Kielimnatf after you bec;ime acquainted 
with them? A. About halt a dozeu times. 

Q. You say Weichmati asked you to get him a place 
in Hichmond? A. Ue didn't ask me to get him a 
place, he asked me ii'I thought tliat hecouidgeta 
place. 

Q. How did you come to talk about things in Rich- 
mond? A I suppose he understood X was there from 
mv conversation. 
Q. Wliere was this? A. In his room. 

Q. At Mi-s.S^ur'-ati's? A. Yt-ssir. 

Q. Wiis there anj- other pers n present? A. No sir. 

Q, Uid you ever talk with Surralt about beiug at 
Eicbmond? A. I might. 

y. Did you or did you not? A. I disremember; I can't 
say po-iitively. 

Q.. Weichnian knew you had been there? A. Yes 
sir. 

Q. Iwoulda.sk you whether this has not been your 
business i.ir the la^t year aud a half? A. Iso sir. 

Q. Have you any other occupation; do y^u do any- 
thing else for a support? A. Whj', I've been speculat- 
iujx a little in Virginia. 

Q. Where? A. lu KingGeorgestfounty. 

Q. Were you not know. 1 by your friends as a block- 
ade runner? A. I dou t know. 

Q. Wliat name did you go by besides the name you 
have given here? A. Tiiey sometimes ciUied me 
Spencer. 

Q. Well, is that your name? A. My name is A. S. 
Howell. 

Q. What is the S. for? A. Spencer. 

Q. Wiiydid j-ou not give it. when asked for it under 
oath? A. Well. 1 wasn't particular; I thought A. S. 
Howell was enough. 

Q. Is tepeucer your name? A. It is one of my names; 
some of my friends call me Spencer. 

Q. Was it given you in your inlancy? A. I don't 
know. 

Q. Give to the Court your full name. A. A. m 
Howell. 

Q. Is that your f\i!l name, or only the initials of your 
name? W^ at is your uameinfull? A. I seldom use 
"S" in my name: my proper name is A. S. Howell. 

Q. When running tlie blockade, what name did you 
go by? A. By the name of Howell. 

Q. When were you arrested? A. In March. 

Q. How recently. had you then come irom Rich- 
mond? A. I had not been io Richmond for three 
weeks. 

Q. That was in March? A. Yes sir. 

Q. Do you remember the time in March? A. I think 
it was about the auth or 21st. 

Q. When you went to Kichmond, in February, do 
you remember who accompanied you? A. I jemem- 
ber one man by the name of Howe. 

Q. Did any person from this city accompany you? 
A. No sir. 

Q. Any from Maryland? A. No sin they were all 
from 'Virginia. 

Q. This cipner, where did yoB get it? A. I've been 
acquainted witli it some seven years. 

Q. Where did you learn it ? A. In a magician's book. 

Q. What did you use it for? A. I had no use for it. 

Q. Wbat did j-ou carry it lor? A. I did not carry it; 
I could makeit in twenty minutes. 

Q. Did you ever teach it lo John Surratt? A. No sir. 

Q. Did you e%'er meet, at h-urratt's house, Mrs. Kla- 
der? A. X never met her at Surratfs house; I met her 
herein Washington. 

Q. When? A. In February. 

Q. About what date? A. The 20th or22d. 

Q, Did you have any conversation with her ? A. 
Yes sir. 

Q. D'd she accompany you to Richmond? A. Partly. 

Q. Did she ever come back with you? A. I met her 
accidfulally in Westmoreland county. 

Q. Do you know the object of her visit to the Confe- 
, deiacy? a. No sir; I saw her first in Westmoreland 
ccanty. Va. 

Q. Wben was that? A. In February last. 

Q. Did \ ou meet her at Surrati s house? A. Not till 
aflei I had met with her on the Potomac. 

Q. Wiien did you see her on the Potomac? A. About 
the first of February. 

Q. Did you come here together? A. No sir, 

Q. Wl'.eredid shego to? A. New Y'ork city. 

Q. Did you accompany her any distance? A. Only 
across the river. 

Q. You met ner again at Mrs. Surratt'a house ? A. 
Yes sir. 

Q. Did she go in? A. No sir; she stayed in the buggy. 

Q. Who was with her? A. A young man. 

Q. W'ho was he? A. John Surratt. 

Q. Did she afterwards come to the house? A. No 
Sir. 

Q. How long did youstay at Surratfs? A. Two days 
or two days a::d a llal:. 

Q. Did you have any conversation about your Rich- 



mond trip? .v. Not particularly as I know of; I had a 
talkwitu Weichmaii, and told them I had baeu to 
Kichmond, but they aireaily had heard it. 

Q. Theyknew you had been in Kichmond? A. They 
knew 1 was horn Richmond sometime previous. 

Q. Did you have any conversation with Mrs.burratt 
about tliematier? A. I don't know sir. 

Q. Did yon meet Mrs. sSluder in Richmond? A. Yea 

sir. 'i. xca 

ti. When? A. Last Februao'. 

Q. Alter which she was with John H. Surratt? A 
Yes sir. 

Q She went directly with Snrratt? A. I don't know 
sir. 

Q. You don't know whethershe was with him on the 
•220 of March? A. ISo sir. i 

Q. Do you know what her business was in Rich- 
mond? A. No sir; 1 didn't inquire. 
Q. You only kuow that soon after you .saw her at 

Mrs. ^iirrutl's, you saw her at Kichmond? A. . 

Q. \\hatotlierof your iriendsd d you meet at Mrs. 
Surratfs? A. I don't know that I met any. 

Q. Didyou meet Atzeroth there? A. I think Atzeroth 
wr.s there. 

Q. Do you know whom he came to see? A. I do not 
sir. 

O. Did you see this man Wood or Payne there? A. 
No sir. 

Q. How many of the prisoners have you seen there? 
A. I think I liaveseen two. 
Q. What two? A. Atzeroth and Dr. Mudd. 
Q. Where did yon see Dr. JIudd? A. AiBryantown. 
y. Tell us where your aociuaintanr e first commenced 
with iJr. Mudd? A. I have known him a long while, 
but I have not lately seen hitu. 
Q. Did you briu,' any drafts on him? A. No 8lr. 
Q. Or messages to him? A. No sir. 
Q. Were you ever atliis liouse? A. Yes sir. 
Q. Wiien? A. over a year age. 

Q. When coming Irom or KOing to Richmond? A. 1 
was not coming from Richmond, and had not been 
there. 
Q. How soon after did you go? I don't know. 
Q. How long did you slay with Dr. Uadd? A. 
Only an hour or two. 
Q. Did jou take dinner with him? A. No sir. 
Q. Now who was u ti.at drew these drafts, and upon 
whom were they drawn, and what was tiieir. amount? 
A. I bought one Irom Mrs. Mary fcurratt on her 
brother. 
Q. To what amount? A. Two hundred dollars. 
Q. Who else? A. I bought one from a youug man. 
• Q. On whom? A. On bis mother. 
Q. Of how much? A. Twenty-live dollars. 
Q. State what drafts you received that you collected? 
A. None of any amouiu. except one on a man named 
Janncr, which I got money on to pay those parses for 
the drafts. 

Q. Do you recollect what you paid for the two hun- 
dred dollar draiLs? A. I think I paid eight hundred 
dollars in Coniederate money for one hundred. 

Q. What dratts did you bring to this city? A. Inever 
brought any. 

Q. What drafts did you bring to Baltimore? A. None 
sir. 

U. What dratts to St. Charles county? A. I never 
brought unv. 

Q. Ha\e you any of those drafts here? A. I have 
none with me. 

Q. What did you do with them? A. I lett them down 
in the country. 
Q. Where? A. At ray sifter's. 
Q. Wiiat is her name? A. Mrs. Langley. 
Q. And she has all with her that are uncollected? 
A. I think so. 

Q. Have you ever taken the oath of allegiance to the 
Uniteil States Government? A. No sir. 1 never have. 
By Mr. Ewing.— Ci. I wish to ask you whether you 
ever 8 w Dr. Mudd about Bryantown? A. Yes sir, I 
have been about Bryantown a good deal before the 
war; was rai.sed in the county. 

Q. Y -u have seeu Mudd there before the war? A. 
Oh,5'essir. 

U. Were vou ever at Mudd'3 house at any other 

timesiuce the war? A. I don't think I have been sir. 

Bvtolonel Burnett.— Q. You say this conversation 

took place up stairs, between you and Weichman, and 

in his room? A. Yes sir. a portion of it. 

Q. Was any other person present? A. I don't thins 
there was. 

U. How come you to remember that conversation 
and not boaole to remember the conversation with 
Mrs. Surratt, or anvbody else in the house? A. Well 
sir, i'justcameto iuy miud by the question being so 
pointed. 

Q. Did vou know that he belonged to any company 
for the deien.se of Washington, and tl at he had a 
quarrel with one of the family on account of liis Union 
sentiments? A. I never heard a word aiiout it, sir. 

Q Youdidn't knowthatoneoflhelad esstruckhlm 
in the quarrel, because he wore blue so dUrs' pants? 
A. No sir, I never saw him wear blue sold.ers pants. 

Q. Dontyou know that he was turning you over to 
pick out of you about your visits to Ri<!hmond? Don t 
you know he tried to lind out what your objecia were? 
A If he did he didn't succeed (i^aughtcr). 



104 



TRIAL OF TUB ASSASSINS AT WASHINGTON. 



Q. I rather think he did; didn't you know lie be- 
lonjje'l lo a military conipany liere lor the dfit'ense o. 
Washington? A. No sir. 

By Mr. Aiken.— (i. Uid Weicliman. in that conversa- 
tion", or not, state that he had clone all lie rou.dlor llie 
South? A. Yes sir; but I can't recollect the e.xact 
words. 

The Court here adjourned to ten o'clock on Monday 
morning. 



Washington. May 29.— After the reading of the 
previous day's record Mr. Clampitt, on hehall of the 
counsel for Mrs. Surratt, read a paper a-; lollows:— 

Mary E. Surratt, one of the accused, in asking for 
he recall of Henry Von Sleinaker, a witness lor the 
prosecution, through her counsel, that in regard 
to the said Steinaker she proposes to prove that. 
shortl.v after the breaking out of the war, 
he was a member of General Blenker's 
Staff, serving in the capacity of a topographiciil 
enRineer ofHcer; that while under sentence oideath at 
o'l near Cumberland, for attempting to desert to the 
enemy, that on or about the month of May, isfi-:, he 
made a second aitem])t to deseri. wi h heTter success, 
aud entered ihe lines o'Cieneral Iniboden's command, 
01' the so-called Confederate States, in or ab .ut tl;e 
monta of May. lS(-2. scattered hetwetn WincheUer and 
Bomnoy, Va., itnd that most of the time horn thai 
date till May, 1833, he was em iloyed .-.s a dranshts- 
man by Major-General J. J-J. B. 8tiiart. nt thoso-' a ied 
Confederate urm.v; that in May. lsi;3 the sa'dSu-inaUei' 
voluntarily joined Compan.v K, of the Second Vir- 
ginia Infantry, as a private. .^Ild drew pay, bounty, 
clothin'.;and thi- usual ar.owatices of a private soldier. 
and that In- was detailed as an assist iiit lo ( \q)ta;n 
Oscar llericks. an eni^ineer ollicer of the staff ol 
Major-( General Kdward .Jclinson, of tl'.e .'•o-cislii d Con- 
federate States Army, and remained w-illi him chirmg 
thel'ennsylvania campaii;n of that year, .ind that in 
travelincr over Swift Run Gap he had no co njia^iy 
until he arrived near C.)ancpllor.svllle. wiiere 
he fell in with Assistant .Surgeon Mcyupen. o.' 
the so-called Confederate Stales Arm.v. and two 
other geiulemen in said service: that he never ranked 
in said service as an enjrini'er ofiicer. or n-.eivedthe 
pay of one; that he was irequentl v iu the guad-hou' e 
lorshootiiifr or thre'tenintr to shoot tifirios changed 
with pi lot ins: United States tnHjpsnear Jlniel^vjn, Va.. 
and other serious charges: that hesio'e niOMcys which 
were placed in his char^re; that he slue a hore 
from Lieutenant David M. Coekerili. of tlie Sec nd 
Virginia In antry. and was tried by court martial 
for the same and found guilty, ard that sonii 
alter the spring campaign of l.SG!, he stole .some 
clothing near the" north ot Kichmond. and esc'aped to 
Winchester, Virginia, repre'^eiiiing himselTas being in 
cTiarire of the dead body of Major Henry K. Douglas. 
Assistant Adjutant-General on General Johnson's 
stalf, who is now present heTore this Court, nlive and 
■well: that he never saw J. Wilkr'S J'.' oth, tlie actor, 
in Virginia, or at thecampat anj' time of Hie Second 
Virginia Re^jiment of Infanfr.v, iind that no such 
meeting of Conlederate oflicera as he speaks oC in his 
testimony ever took place, where the iii;ins for the a.s- 
8a.ssinati6n of President L:ncoln were discussed. 

By her counsel, (Signed ) 

It EVERT )Y JOHNSON, 
FRED. .\. ATKEN, 
J. W. CHAM PITT. 

Judge Advocate Holt said ihathe was imt intbrmed 
where the witness was, but he was periectly willing 
that he should be recalled if found. 

General Wallace inouircd whether the Judge Advo- 
cate had ever declineii or refused to issue the proijer 
summons for the reappearance of the witness? 

Judge Advocate Holtsaidthat-hohad not, hut on the 
contrary, had signified his desire to secure his attend- 
ance. 

General Wallace said that he made the inquiry for 
the iiurposc, if the Judge Advocate had ni-v -r relused 
to summon the witness, of objecting to iiutting such a 
paper as that upon the record. 

Mr. Clamnitt called atteniion to the fact that no al- 
legation had bicn made that the prosecution had re- 
fused to call the witness. 

General IJuuter said that the decision of the Court 
last week was that If the defensi- de-iircd Von Steina- 
ker recalled every effort should be made to recall 
him. 

Mr. Aiken replied that the defense then stated that 
they did not wish him called as a witness iorthe de- 
lensc. When upon the stand he was not cross-ex- 
amined, lor the reason that the defense knew nothing 
about him. 

General Hunter inquired if anything was known of 
Von fSteinaker's whereabouts. 

Mr. Alkiii said that all that wa.s known of him wa.s, 
he was hrntiL'ht here after his having been released 
from Fort Delaware, and he had now gone, no one 
knew where. 

Judge Advocate Holt a-sked by whom the paper Just 
presented had been signed. 



Mr. Aiicenisa d it bad been signed by the caunselfor 
Ms. Surraltand wni. d l) ■ suip rted i)V Major-(,ener.a 
j.d.iaid Jo.iiisoii, .ormer.yof tue Couieueiiic army 
w:io wa.s present as a Witnes.s, and hv members vi' his 
«,atl. 

Oineral Wailace.-I wo lid like to know for which 
one ol the prisoners that pui)er is considered necessarv 

ilr. Aiken.— !• or Mrs. surratt; 'and it has a bearing in 
a decree up null Ol them. 

cenerai Wallace.— Wid the gentleman please state 
the connection 01 thai paoer wiui ij is. Surr.itis case? 

Mr Aiken.— The connection, sis we understand it. is 
s:iii>ily this: — We wi.di to i^ruve that Mr. ]!. oth was 
not 111 Virtidiiaut the time stated iiy Von .Sleinaker; 
that noeucli meutiiig of Confederate odicers, as heal- 
It-e-;. loiili plare: that no plans tor Ihe !is.-<a^sination of 
I'resident Liiiculn were discussed. I think the lan- 
gnaj;o used by the witness was mat one of tliooniceis 
told hiiu i^incoin must 'go up tlie spout;" that so tar as 
li.ey Wi'ie cunc^Tiied, the o.Ticirs r,i thecamp of tho 
Second Virginia Regiment wer.' not aware of anv such 
plan: that ihey did not see Mr. Booth iu that camp, 
and that if any such pi in to sussassiii.ite the Pres.dent 
d d ex.-t,Mi-s. Siwiatt, had no conueciion with it, aud 
knew nuthing about it. 

J udiie Adv. cali> Holt said, it is not necessary to recall 
the w.tne.--s to i,v:'\ e thai. 

itr. Aib.eii.— We propose to call thewitnesses here as 
to whether ihi-y would believe Vou Steinaker on his 
^oafh. 

Judge Advocaie Jlolt said that he was willingto ac- 
quiescein liieai)p..cauon, but he wished the Court to 
ci.nsider whellna-a paper such as tho one which had 
been read, so stringently deniatory in its character, 
sIkiu d be jillowed to go upon the records, when really 
it Was il.ebasis of no aijplicalion which has not bee'u 
considered and granted. 

Giiier.il Wallace.— I for my part wisn to sav now 
that 1 understand. distinctly, andhold in vervsuprenie 
(u>ntr;n)it, such i.iaclices as that. It is very discredil- 
af'le 10 tiiepartirs concerned, to Ihe attorney, and if 
licrmitied, 111 my judgment, will bediscreduaole to the 
Court. 

Mr. Clampitt.— May it please the Court, I do not de- 
sfres anilmg in a position that would be tlpin.g any- 
t hi ill-' taat would icile tupon tlie ci^u use! in the'degres 
that a menjbero." the Court has spoken, bull under- 
s' and my position. May it please the Court, as one of 
tiie counsel ior Mrs. iiurr.'.tt, we are here standing 
within the pjrtals of this constituted templo of jus- 
I ta-f. and her.; for the i)urpose of de. ending the very 
ciiailei of life, and we feel it to hor our duty to uso 
every e.xerrioa in our iiower, consi tent w.ih loriiis 
tlj.U obiaiu^e.ore a Cv->urt, to imp(;ach and destroy the 
testimony of any witness whose testimony can pro- 
perl.v be Impeached, and we do it for the purpose, if 
possible, of shielding the accused. It is. at thesame 
time our bouuden duty, andaii obligation ihatvveowe 
to our ern'nt, that w.' should spread before the Court 
thetdiaraeter ol ti:e witne-s lui the part ufthoprose- 
cuii<ni who has made this ixplanation. I hope it will 
be salisfaetorvto t he Court. 

GeuTal Wallace.— It is not satisfactory to me for the 
reason that he has in no Instance been denied the 
privilege which he has sought b.y that paper. 

General Howe.— Neiiiier iKus Le shown any connec- 
tion of the paper \\#lh the case of his client. 

iir. Aiken.— The Judye Advocate has stated that ff 
Von Steinaker could liereadilj' found lie had no ob- 
jection to his recall. There seems lo be a misunder- 
standing, however, in regard to our asking for that. 
We did not propose to summon lii.m as our own wit- 
niss, but we have presented this papgc in accordance 
with a strictly legal loriu. 

Gineral Wallace.— Yes. we understand that. 

A vote was then takiu by the Commission upon the 
question ot allowing the paper to be entered upon its 
records, and the result oi the vote was announced to 
be that the paper should not be enter :d. 

Tho witness above referred lo by the defense not 
being present the Commission proceeded as follows:— 

Tesiamoiiy of Sir. Davis. 

Q. Where do you reside? A. At Dr. Samuel Mudd's. 

i.1. How long have you resided there? A. Since the 
9lb of January last. 

Q. What has lieen your employment there? A. 
Working"bn the farm. 

Q. Have you been there constantl.v since yon first 
went there on the ytli ol January? A. I have; I was 
absent IVom the iilaulation onl.v <ino night. 

Q. Do you renieuiber what ni-rhl that was? A. No 
sir; 1 don't really know; n was iu the month of Janu- 
ary. 

Q. .State how often Dr. Mudd has been absent from 
home from tho time you went there up to his arrest, 
and Iheeircumstances attending his ah encc? A. Ha 
has be(>n aw;»y from home oul.v three nights: the first 
time he went to Mr. George Henry Gardner's party, 
taking his family with hirn, and returning the next 
morning: that was in .Tanuary, on thoMth: the second 
time lie came to Washington with Mr. l.owellyn Gard- 
ner, with who:n ho also returned; that was on the 23d 
of March: 1 an\ enabled to recollect the day by Ibefact 
that wiiile he was away iho burn blew down; 
the third lime became to VVashiu^-tou. 



TRIAL OF THE ASSASSINS AT WASHINGTON. 



106 



Q. Do you know John H. Surratt or Jolm Wilkes 
Bootli? A. Iilo not. 

y Mate wiieilier you were or were not ill while at 
Dr. Mudd's. niicl jor how Ion:? A. I was vory ill lor 
bftter lliuii tureo wotv.s. 1 was talcen ill in February, 
and my s.ckm-ss la- VM until March. 

Q Siae w;ietlier Ur.Mudd atieuded you during your 
aickne s? A. Jledid. , .. 

Ci. !St.;te whether you did or did not see Dr. Mudd 
every d.iv duiiiit,' uil the lime you weie at his house? 
A. 1 ba-.v'l.iin ev. ryila.v d.iriiis the tiuio I was there, 
exce)it on tiie three oeeasious ihal ho was away. 

Q. bia^e wliether during the time > ou were there, 
you ever heard the name.s of John II. Surrall, .lohn 
Wilkes Booth or David li. Harold meuiioned in liie 
family? A. 1 did not. 

Q. Wercvou-at home on the.Saturday before Kaster, 
tll« l".th of" April.' A. 1 vv^s. 

U. D) you know iinyihiui; of two men bein« there 
that day? A. 1 saw two hordes there; I heard mat two 
ni''n w.'ro there. 

y. l^o you know at what tiitie that evening they left? 
A. E IwYvu Uiree and lour o'ehxdc. 

Q. Were you out as usual working that day 7 A. I 
was. 

Q. Did you see either of the men? A. I did not. 

Q. Waere Were you on tiie Fr. day alter tuj assassi- 
nation of the PresiUem? A. I wa.s on the larm, at 
work. 

Q. .State whether you went for Dr. Mudd? A. I d«a. 

CJ. Wiiore v.a i he? .\. lie was at his lalher's. 

Q. What d.d you teilDr Mu(id> 

Assislaiit .1 ud.^o Advocate Bingham.— You need not 
state what you toid him. 

Tiie (lUestion wa. waived. 

Q. wo'monodiers were at the house and you went for 
hira? A. \'ci sir. 

Q. ne came home with you? A. Yes sir: be came as 
farasth'.' biru. and then went on ahead oi' me, and i 
went 10 work. 

Q. Wlieii you went after Dr. Mudd what did you tell 
him? A 1 told him ti.ere were some si^idieis at the 
hou.-e who wanted to seeliini. 

Q. \V:l5 there anvluing said between you about a 
carl? A. Xosir. • 

Q. Did you eve T hear Dr. Mudd, durng the time you 
were wiin hiin, express any disloyal sentiment)? A. I 
did not. 

Ey Mr. Ewin?.— Q. On the day after tte President's 
asiassinalion did you lake brcakiast wita the iainily;' 
A. NoK.r. Idid Dot take either ^reakiast ordiuner 
with the family that day: I was out attending tlie 
horses. 

(J. Wiiatdid you understand about certain partie 
having been in the house? A. Notning ino.e luuu 
that two iiiea were tliere; on? with a broken ie'4. 

t'i\:ss-e:;nmiiied by .ludge Bingham.— y. JI.av do yo'j 
knowihatDr. Mudd went to George Henry Gardner's? 
A. 1 Saw him going there. 

Q. How lar wa ; it? A. Not over a quarter ofa mile. 

Q. Where were yon? A. 1 was home art the time. 

Q. His horse's nead was that way? A. No sir; be 
walkid. 

Q. luat ii all you know about that? A. Yes sir. 

Q. You say you did not see two men there on hiatur- 
day? A. No sir. I did not. 

U. How do you know tliat they had left the house on 
Saturda.y? A. Because their hoiBes were gone when 1 
returned to tlie lioiu.e at lOur o'clock in the afternoon. 

Q. How did you know that the men were gone? A. 
I thouglit so. 

Q. You did not know it? A. No sir, 

TestsBnony of JuSiann BK»as (Colored). 

By Mr. Ewing- Q. St,ate vvhether you formerly lived 
at the house of Dr. Samuel A. Mudd. A. I did. 

Q. When did you go there to live and liow long did 
you. stay? A. I went there on Christmas before last 
Christmas. 

Q. JJid you ever know of an.v Confederate officers or 
soldiers being aliout Dr. Mudd's house?' A. No sir. 

Q. Did you over see Andrew Gwynn, Ben Gwynn or 
this man— exibitiiig to witness a portrait of Surratt— at 
that house? A. I did not. 

Q. Did .vou ever hear the names of Ben Gwynn, 
Andrew Gwynn or Surratt mentioned in the house 
while you were there? A. No sir. 

Q. St.ite what sort of a master Dr. Samuel A. Mudd 
wa.s. A. He treated me very well, as also all that 
were around him; lie was very kind to us all; I lived 
with hira a year, and he never spoke a cross word to 
me that I I;now ol. 

Q. Did you ever know of his whipping Mary Simms? 
A. No sir, lie never struck her that! knew of. 

Q. Do you know w at Mary Simms lelt the house 
for? A. Un one Sunday evening Mrs. Mudd told her 
not to go away, but she would go; the ne.xt morning 
she (Mrs. Mudd) struck her with a little switch; I do 
not think she hurt her, as the switch was a small one. 

Q. Dr. .Samuel Mudd never whipped her at all? A. 
No sir; I never heard of liim striking her. 

Q. What is th% general reputation of Mary Simms 
among the coloi-cd people around there? A. She is not 
p, great truth-teller sir. because she has told lies on me. 

Q. Do you know wliat the colored folks around there 



e , r- 



generally think of her? A, Well, they generally think 
sl.o isa l;ar. 

Q. jso.\ou know what the colored foikslhere thint 
Ol .MylewSimiusas ii truthte.lci? A. 'lliey thought 
tliesanieof himasor."Mary; if lie got :in','ry with you 
he would tell a hewn you lorthe sakeof satLsiaclion. 

Q. 1 hat was the general opinion about him? A. Yes 

Q. Did you ever hear Dr Samuel Mudd talk about 
thegoveriimeriK'f Mr. Lincoln? A. tneverdid 

Q. You leil there two d.iys bef< r j Inst Cnrisima.s; do 
youlinowaiiyihmg about Dr. s.imiicl Mudd going 
aw.iy on that da;. ? A. Dr. Samuel MikUIs wi:e told 
me he was going to Wasliington to buy a cookiue 
sio\'e. 

Q. Where have you lived since you left Dr. Samuel 
Mudd s? A. With -Air. Wall, in Brvantown. 

'riieConimisslon tlien took n recess until two o'cloctE 
at whicli time the bouy reassembled. 

Testimony of Or. Goorse I>. .Mnd<l. 

Ey Mr. Ewing.-Q. .state your resldcno- and busi- 
ness. A. lam apractaii.ner Ol niediciuein the village 
oi Bryautown, Ciiaries county. Md. 

Q. Slate- whether you know the prisoner, Samuel A. 
Mudd, and what nlaliou.if aiiy.txi.sts between you. 
A. I know him: his fatiicr and my father were Hrss 
cousins: he was a student under me some \ears ago in 
the study ofmedieine'. 

y. Biale whe.her you know his reputation in the 
neighborhood in which hohves ;or peace, i.rder and 
good citizenship. A. 1 1: now ijf no one whose reputa- 
tion is heller ia that rcgai'd; ii is very /.cud. 

(J. State what is his reiuittuion ai a master. A. t 
lia\o always considered In. n a humane man towards 
his fellow man, whether servant or otherwise; he al- 
ways cl >the'.l and fed his servants well, and treated 
them kiiidij-, so lar us I knew. 

y. Slate whether or not you saw Dr. Mudd on the 
Sunday a'tvrtiie assa,ssiniit,on of the President. A. 
Veisir; I saw liim at churcii; heovertook moafter 
tluil on m.y way homo to Bryastown, and 1 roUp with 
liini as iar as his hoiiso. 

(J. State whellier ho. "^ald anything to you about any 
pel -ons liaving been at liis iioiise. 

.ludge .-Xdvocaie Holt olrecled to the question on the 
ground that tlie Guvernment had not ottered the de- 
claralioiis oftiie iiriscniers in evidence. 

51r. Kwing said t.iat lie- proi.o.t-d to show by the 
witness, who was a man of uiuiue .tionabio and active 
li.yuUy, that the prisoner hail in oiiiu d him that on 
SaturUay morning the e we.etwo sus,ji(^ ous j)erson3 
It h..4 liuuseaud had desired the witness, if he thought 
't advisable, to notify the uillitui-y aulh .rilles of the 
lactof tlifrir being at his hou.'-e, but Ditto toll it nt 
l.iVge ab.int them lest tlie par.ies and their friends 
ini,;lit ass.assinate him (the prisoner; for the dis- 
closure. This was a |.art of the very suijstance of 
liio-e actions of the prisuffer by which it was 
sought lo iiiioHcate liim, and was c jnnoc'ed with acts 
of the preceding and subsequent daj's wiiich the prose- 
lion i...d sliown. This sUurmeikt was virtually an act, 
and was done during the time of thit allegi d silence 
on his part, which had been urixd as a meaiisof impli- 
caiing liim as an accessory be.m-e and alter the I'act in 
this murder. If the fact'tiiat he IkhI been silent was 
to be urged against him. was not tlie laci of liis break- 
ing that silence to be introduced in liisliehalf? More- 
over, the statement \vas made at a lime win n the pri- 
soner could not have known that any susp.cions were 
directed asainst li:«n. In snpi.ort of li.s po.-.ition Mr. 
Jiwin.:.? readlrom '•Kussell on Crimes," vol. ii. p.7o8,aud 
other autlioriiifcs. 

Judge Advocate Holt remarked that when partial 
declarations were gi\ en in evidence tlie accused bada 
ri.;lit to insist that the wholes!!.. uld bugiven. Xii the 
present instance the prosecution had not o.Tr>red do- 
claraijons of th(! prisoner. Toe ground u, on which 
it was Sought to introduce tliem, w,.s that they were 
liartoflhe trausaeiion itself. But the transaction at 
the time Ihese declarations were made had been com- 
pleted; it had closed the day be ore; it ronsisted In 
the fact of the prisoner havin,' concealed and enter- 
tained these m'li and sent them on the.r way rcjoio- 
ing, and that tr.insaclioii on wiiieli the prisoner was 
now arraigned hv the Government w.isc.'iuplete at 4 
o'clock on Satiiriiayuft-rnoon. It aas now proposed 
to introduce a declaration on the jiiirtof the prisoner 
made twc-ntv-four hours a'terwaids-a't r he liad had 
lime to review his condurt. It was n..t competent to 
declare the motives bv whfcli his previous acts were 
governed, because there was no means of reaching 
tliese motives, or of introduciug any lestimcny in re- 
gard to them. , „ 

Mr. Ewiug replied the transaction was not wholly 
closed. The charge here was one ol concealment, not 
only of the persons of those nun whne tiiey werein 
lhe"liouse, but acoucealmeiit of th- laet it. at they had 
been in the house. Of four witnes.--. s wh i testilied that 
they went to Dr. Mudd's house on Saturday, two stated 
that Dr. Mudd denied that the men had been at his. 
house, and the accused now desired to show that he 
did give information to the Government on Sunday, 
through the witness on this stand, tiiat the men were 
at his house. The objection of the Jud:j:o Advocate 
was sustained, and tUe question was not put. 



106 



TRIAL OF TOE ASSASSINS AT WASHINGTON, 



Q. State whetlieryou communicated to the military ' 
aiittioritii'S, in Lrvautov.n. tlic lac: of any suspicious 
persons havinc; boen at tlie Ijousa of Dr. Samuel A. 
Sludd on Saturday? A. I did. 

Q. Stuto to wli' m you communicated? A. I com- 
municated, I think, to Lieutenant IJana, who was iho 
principal in command of the military there at that 
time. 

Q. Wlien did you communicate it to him? A. I think 
it was on Monilav morning:. 

Q. WtiaLstatenientd dyoumake to him? A. I stated 
to him that Dr. Mudd liad inlormcd methat two sus- 
picious persons w>Te a hi:ihou"5 ; that theyvann; tliere 
a Uttlo Ixiorcdiiy-breakonFa'.urday niornins.andtliat 
oneOi them had "a brol;ca leg which ho baniiagcd: that 
they wore laboring; iiiulor somode:,'re •of e.xciU incut: 
more so ho thoujrht tlicn should have bo> n caused by a 
broken leg: that these i.urLies hail said they c ime irom 
Brvantown, and were inquirini; the way to I'ar.son 
winner's; that whilst tliere cue of them called (or u 
razor and shaved liimst! , thenhv altorin',' hisajMeiir- 
ance: that he n)r. Mudd I improvised acruttli or Clinches 
for the man Willi the briikeu lej. i'.nd that thcywrrit 
the direction oi I'arson Wilmers, 1 think; that is about 
the whole ot what 1 told the L:eutenant. 

Q. Ol whom did you get t .is information? A. Of the 
prisoner. Dr. Samuel A. Mudd. 

Q. What time on Moud.iy did you make the commu- 
nication? A. 1 think Monday mornjiig. 

U. By whose authoritv did you ma'.ie the communi- 
cation? A. Tiiemenli: nin^ot that matter to iue.tr 
any other matter bearin;; on the assassination. i;ar- 
ticu!arly such an iissassination r.s the country aiid the 
world now mourn, was my warrant and authority 
from him and everybody pise wlio knew me. 

Q At th(! time he imparted til. 3 inloimation to you, 
Tvasanvthintr said ubouc conmiunicatiii^ to the mili- 
tary nuthor.ties? A. When 1 hit him I told h.ml 
■would meiitiou the matter to the authorities and see 
what could be made of ii; heioldme he wouid beglad 
If I would, but ii 1 could make such an arrangement 
ho would much preerihat he should bescnt lor, and 
that he would give eve; y in'brmation in his power re- 
lative; that I. it became a matter oi'pnbliciiy lie learcd 
for his life, on account of guerrillas that might be in- 
festing tlie neighborhood. I 
Q. Ddv.iusavlo what authorities you %vmild men- | 
tiou it? A. To the militarv authorities at liryantowii. 

ti. Did you make any other communication to any ! 
other mil. tarv authorities o;t he fact stated byDr.Mudd? | 
A. Ycssir: I wassent lor, I think, on Tuesday a.tir- • 
noon, bv your detectives, who asked me 1 1 f:,o up into ! 
aroom'witli them, wlitre they (questioned me very ! 
pariicularlv reUitive lo t ii affair: I staled to them 
what I have ! heady stated liere, and upon my ina- 
bility to answer such questions as they i ropounded, 
thev ordered a carriage and asked me to direct t len 
to Dr. Samuel Mudd ;i house; I told them 1 would do 
it. and that I would Ko'wilh them; they seemed lo pre 
ler that, and 1 did ro w.tli them. 

Q. State wjat happened when vou went there. A. 
Dr. Mudd was not at the house: ilu detectivei went in- 
8id"v,hilel remained at the door: 1 saw him coming 
and told him as ho entered the house that theUetec- 
tives had come there to ascertain the particulars rela- 
tive totiiat malts'- ab'ut w.iich he had spoken to roe; 
that I had made thestateme.it to tlie military author.- 
tieswhicli he had mad'; to me on Sunday, and thai 
they wcroinaking special inquiry in referenc ■ toit: I 
had already said to tiicse centlemen (the detect, ves) 
th;.tl was conlident that tiie Doctor would state t e 
matter just as I stated to ti'.em, and le;t fheroum and 
did not re-eiiler it during their e.xainiiiation of him. 

Q. Name I he ofncers that went with you. A. One 
was named Lloyd, ano.her Ualtighan. and the others 
were Lieutenant Jovett and a Mr. W illianis. 

Q. State whetlier any inquiry was made by any of 
them, arter the coulerenee with Dr. Jludd. with re.e- 
rcnco to tiie route. A. When we got in the wa.ron. or, 
I think, just be. ore getting in tlieynsked me if Iwnukl 
show Lhem the wav to Parson Wilmers: itw;:s the i 
nearnightlall.nnd"! toid them I would crrtainly d i so 
if necessary: I then turned and asked Dr. Mudd, wli > 
was standing outside tlie door, what wa'* the best route 
to take to I'arson Wiliiiei's, and he gave me llie iiilbr 
mat on: before; we got to the main road to Dryaniown 
these gentlemen coiic)iid "1, in consequence of my 
stating to them that anotuer road was preferable, to 
take tiiai other road. 

Q. State whether or not anvthint; was said by either 
of those gentlemen about Dr. IMudd having denied 
that the two mi n were at his house. 

Assistant .Fudge Advocate F.ingliam objected to the 
question, when it was wKlidrawn. 

Q. State whether you were in llryantown on Satur- 
day at the time of the reception of the news ot t.ie 
I'rcsidenl's a-i-assinat on. A. I was there wlien tiia 
newscame, and remained all evening; I did not leave 
the village. 

Q. What did you hear as to the person or persons 
Implicated in liie a-ssassinntion? A. Lieutenant JJan i 
on whom I called for information, told me that tlio 
party who attempted the assassination of Secretary 
Seward was named Doyle, and clainnd him to be i:io 
same who had previously assassinated Cai-taiii \Vat 
kins, of Anne Arundel county, Maryland, and that 



the party who assassinated the President was sup- 
I osed to be a man by tue nameof Ji mth, and that he 
thought the assassins had not yet got out of Wash- 
ington. 

ti. Was Boyle known in that region of country? A. 
Yessir; he had been about there, but not for tlireeor 
(our wcelts, or laterthon twoor three I'avs alter the 
a.^sassiiation of Captain Watkins 

tj. What was his character as known there; was he 
known as a desperado and guerrilla? A. lie was; his 
character was very bad. 

(.J. State whothcr you were at church on Sunday, and 
what was known there about the assassination of the 
Pr sdent. A. I was at church on Sunday; it was 
known that the Pros Id nt nl the l'ni"ed States was as- 
sassmatid. and the mutter was talked of. 

t>. Wai it. or was it not known tliat Booth had 
nut crossed the river? A. No oie. to my knowledge, 
suiiposod that he had crosse.l the river at that time. 
• ij. Did j'ou have any couver.-atiiiii witli }>r. Samuel 
A. .Mudd at the church, or hear his c mver-ation as to 
w'nat he knew of the assassination? A. No sir; 1 
he rd him 

Judge Bingham objected to allowing the witness to 
stale what lie had heard the ].iiso;jer say. 

The objection was sustained and the question was 
not put. 

ti. At the time you speak of having made a commu- 
nii-alion to the ofiicers was anytliing said to them by 
you about Dr. JIudd having gone wiili one of the par- 
ties a. ter a carri:ige. and it so state wiiai? A. I told 
them so and that is a ])art I (orgot to mention, that 
Dr. Samuel Mudd did go toascerta'n to see if he could 
get a carriage to take them away from tlie house; that 
lie v.ent to his lather's and down below there; that he 
Willi with the younger of the two men biit failed to 
gel a carriage and they le.t his house on horseback. 

Q. Did you tell them anything as to how the man's 
le'f was broken? A. Yes, 1 think I told them that one 
bone of his leg was broken. 

(J. Did you t-11 them anything as to how it w.os said 
to liave occurred? A. Yes, from the (all of a hmse. 

I.). State the distance of the c.iurch at w'liichyou 
saw Dr. Sam. Mudd, the Sunday ater the iissassina- 
t n, at Bryan town. A. I wouldtui'pose it tu be about 
six and a half miles from Dr. Sam. ;Mudd s house. 

tj Did j-ou give tliem any desoription of the persons 
of these two men, and if so, what? A. 1 do not think 
i ga\ ethem any. 

t>. S:ate whether you are acquainted with D. J. 
Thomas, one of the witnesses lor the prosecution. A. 
I know lijm. 

• i. Are you acquainted with the reputation in which 
he is held, where he is known, lor veracity? A. His 
reput:itioii for veracity has always been very bad since 
1 have known him. 

Q. How long has that been ? A. Since he was a boy. 

Q tould youstate what his repatati 111 (or veracity 
wa; he. ure'fi.e war? A. 1 do not think it was ari^ bet- 
ter tliansinfetlif" war. 

(.i. J'nimyxur knowledge of his character lor veracity, 
would yoibeiieve him under oath? A. If there were 
a nioMve'to misstate (acts, 1 would not. 

ti. Do you know an.nhing pro e sionally of his men- 
tal cnditiou? A. 1 liave considered liim an insane 
juan. 

Q. State how and from what cause. A. I have seen 
him manliest such an abnormal co:iditi>n ol mind as 
torelievehimfromre ponsibiiity lor acrime in a Crimi- 
nal Court: he is not always so insane: there seemed to 
have been a reniittance in his man! estations of in- 
sanity someiimes; 1 have met him when there was not 
iiuicl'i more disordered condition of mind tlia;i ecccn- 
tr City would imply: I would statj that in aoproaching 
tlie question of insanity I feel a great ddUdonce and 
distrust. although it belongs to no pro essimi more than 
m lie; I feel as ill siinuld be perplexed whiMi the great 
master minds of tlie conntr.v, who liave studied and 
nndirstand thoroughly.nll forms of medical and legal 
j.irisprudeuce as 1 apprehend genllemin of tiie Court 
to he. and particularly the Judge Advocate, are to 
be my internigiitors on the s.ihjeet ot insanity. 

l^ is his reputation forver.icitv basi'd upon the fact 
of his insanity alone? A. I cann it say that it is; I 
t.iiiik it probable that his veracity is worse when in- 
sane manifestations are prominent. 

(). Is his reputation tor veracity good during times 
when his mental condition appears to behest? A. I 
never so estimated it. 

Cross-examined by Judge Bingham.— Q. Be good 
Piiiiir.'h to toll the Court what works you have read on 
i.isanity. A. I have read a great many works upon 
insaiiitV and medical jurispruiPMiee. 

tj. What work on medical jurisprudence have you 
read? A. Taylor's, and others on pnysiology and in- 
sanitv. 

(i. bo any of these works tell how crazy a man has 
tob'^'to make him unable to tell the truth. A. I do 
not know as thev do especially. 

Q. Do you wish to stale here to-day that Daniel 
Thomas Is so crazy that he does not know how to tell 
the truth? A. JS'osIr; I mean to say there seems to bo 
a mental and moral insanity. 

(>. You ."ay that at times ho is more insane, mentally 
and morally, than Imms i-t other times: niw, when he 
is' less crazy is ho more likely to toll the truth? A.I 



TRIAL OF THE ASSASSIN^ AT WASHINGTON. 107 



think he is more inclined to tell extravagant stories 
^vlien hers cxciteil menially. , ,, . ., , 

O \re veil propjire:! to swear that he is so crazy that 
be^'tlocs "not know how to tell tlie tru'h when he is 
under oath be ore a cour.? A. I am not. 

Q Do vuu know wliul was liis condition of mmtl 
whe:i he"fi:ive his testimony before tliii Court? A. I 
do not: I had not seen much ol'him oCUite. 

Q. What immoral insanity? A. Hook upon moral 
insanity a^ a condition in which pprsji« ureparucu- 
larly in'cl.ned to prevaricate in vario s ways. 

Q \Vli;:td')V0U call mental insanity? A. When a 
man is incapable of discriminating and appreciaiiug 
things as sane men do. . , „^ , , 

Q IJid vou ever know Daniel Thomas that he was 
notable to understand plain matters when he wa- 
spoken to about them. A. I do not know that I did; I 
cou.d state some reasons why I considered him iu- 

By'the Court.— Q. What is the form of insanity nnder 
■which Mr. Thomas labors? A. There is no siiecilic 
lorni that I know of, except at times ii peculiar excite- 
ment and .nubility to appreciate matters and lluii!,'sas 
otl)»r peop.e do; it is not d-mentia: it is not mono- 
mania; it 1? what is called aberradon olminu; tlureis 
acerialiiibrmorinsanily wliicU exacerbates and re- 
mits, but I d.i not know that it has any particular 
name or belongs to an v particular lorua of insnii:iy. 

Q. Do you think liia lorin of insanity would le::d lum 
toimasjine a coiiversiitiou he never had? A. I have 
seen hiiu in a condition ot'mind when I do m t doubi; 
he would: I have known him to lalior under mojt de- 
cided delusions and halkicinations. Q. Voa liavo 
known him to imagine things he never heard? A. Yes, 
Oltentinies. 

Q. How long have you entertained the opinion that 
Thomas was not ot sound mind? A. I went to a pri- 
mary school in our neigli'^orhood wi en Tliomas was a 
small buy: there was something very ecceiilnc and 
amusing about him then: he was different Iroiu other 
boys: hewas asourceot'amusement.in the w.iy of ec- 
centricity, t ) his school mates seven oreight years ago, 
or perhaps longer than that: an insane condition ot 
mind se.'med to manifest itself in liim; so tliat the 
common expression was, of every one in thentighbor- 
hood. that iJaniel Thomas was crazy. 

Q. Have yon (xpressed an opinion to any one that 
he was not a man ofsound mind previous to this ? A. 
Over and over again; lontc bel'ore the war. 

Q. Do you know that he has ever been objected 
to as a witness before a court ofjustice? A. Ido nut. 

Q. Have you ever known him to be a witness before 
a court of justice? A. Onoae ojcasioii I did. 

Q. Uas his evidence objected to on aground of in- 
sanitv? A. I think not. 

Q. What is the reputation of Dr. Sam Mudd for 
loyalty or d slovalty? A. From my association with 
him I have had to consider him as sympathizing with 
thei^outh. 

Q. Di I you ever know him harbor Eehels or dis- 
loyal persons? A. Never; I have never kyown him 
toc.Tmmit any trcasoiiabie act; I have generally con- 
Sidor^'d Dr. tja-uuel Mudd as very temperate in his 
aiscjssions and expressions relative to the war; his 
ordinary manner or matter of discussion was the 
right or legality of Recession, wiiich be maintained; he 
has generally, however, spoken very tempeiately . and 
never used any opprobrious epithets against the heads 
oftheCtOvernine.it; lie was mjcn nior,3 temperate on 
that subject. I may state, than many other citizens of 
benigiited Ciiaries county and Souther i Maryland. 

Q. There were certain local organizations in the 
early iiartof the wariu youi- neighb.irliowd. Wiil you 
6ta e what was their object and how tliey were re- 
garded? A. There was anorsaiiizationat PortTobacco 
of tliat kind, the object of w..icli, I think, was irea on- 
able, though it wassaidit was lortheiiurposeof quelling 
in urrect on in tie neighborliood, aid it may have 
been; I have regarded Dr. Samuel Mudd inr some 
time prior to tlie (all of Kichniond and surrender 
of (jeiieral Lee's army, as taking a very handsome 
prospec ive'vljw of the downfall of the Kebellion; I 
ri m mber administering an o:Uh to him lastyear, and 
of being lorcibly impressed with the respi^ct and reve- 
rence with which he took the oath, making a decided 
contrast to many others to whom I admini.stered the 
oath on that occasion; so far as I know he has obeyed 
the provioions of that oath. 

By Mr. Euing.— Q. When did you administer the 
oatli yoi speak < f ? A. If I remember rightly, it was 
■when the sense of the people was taken relative to 
cal ing a ci nvention to amend the constitution of the 
State of Maryland, in June or July ot last year. 

Q. Were you acting in an onicial capacity? A. I was 
rather delegated by two Judges as Cbief Judge of 
election, in the abseuceof the regular Judge. I think 
I administerea the oath to some two hundred that 
day. 

Q. For how long a time has he spoken of the down- 
fall of Richmond being sure? A. I think frora aud 
after the time he took the oath, if not before. 

Testimony of Colonel martin Bnrhe. 

By Judge Holt.— Q. State whether or pot you kuow 
K. C. Kennedy. A. Yes; I had charge of him. 



Q. Look at that paper and see if it is a confession 
made by him, A. It is. 

Q. State whether it is the confession of Kennedy, 
made in your jiresence, and if so. how long beiorehia 
execution. .V. U was mafio in my presen<-c; I do not 
know how long before his' execution; I think a duy or 
two. 

The confession referred to was read to the Court by 
Col. Burnett. staling that tliis^Kcnnedy's object in pour- 
ing lihosjihorus on the llooratBarnum's IMuseum was 
not to burn it. knowing from experiment that it would 
not set the boards on tire, but to perpetrate a huge 
joke; and that the oiiject in attemiiting to burn the 
hotels was to retaliaio'fer the devastation perpetrated 
by Sheridan in tlie valley; not lo burn women and 
ciiildren, but to show the people of the North that the 
desiilatious of war were not to be conlined lo thesoutb 
alone. 

TcstJBnony of II. B. Carter. 
By Jud:;e Holt.— Q. Where do you reside? A. In 
New llani|)shire. 

Q. State wliether or not you were in Montreal last 
fall. A. Yes sir. 
Q. At what hotel? A. St Lawrence Hotel, 
li. .St.ue whether or not you met George N.Sanders 
and Jacob Thompson, Dr. Blackburn, J. Wilkes 
Booth, or any of li;eni. A. I saw LleorgoN. Sanders, 
J. Wilkes Booth, Beverly Tucker, Dr. Blackburn and 
i.iher.s whose names I do not now recollect; I saw 
Thompson at Niagara Falls oe the 17th oi June. 

tri. H iw 1 mgwereyou at this hotel.' A. From th»— 
Bth'oi IOlIi oibopteniber until about, the 1st ( t February. 
Ci. Mate whether you observed the iiersous you have 
named ill iuLiuiute association durin.g that time. A. 
Tliev were; all the Southerners who hoarded there 
Were intimate with each other, and had little to do 
with any one not sympathizing with them. 

U. Did you know J. W. Booth before you went there? 
A. I did. 

Q. Did you observe him in intimate association with 
George N. Sanders and others? A. I did. 

Q. Look at the prisoners at the bar, and see whether 
yon recognize any of them as persons you met in Ca- 
nada. A. I could not swear that I ever met any of 
them there. 

Do you remember to have heard the name of John 
Surratt spoken of in this circle of men? A. Ido not 
know that I do. 

Q. Do you remember having heard the name of 
PavneV A. I saw a man by the name of Payne every 
morning, but there is no man I see here I would call 
by that'nanie; I think theman 1 saw was of the name 
of John: he was one of Payne's brothers; there were 
two of them who were arrested in connection with 
tlieSt. Albans' raiders, but they wero discharged; I do 
not think i have ever seen this man. 

(J. Was Dr. Blackburn there the greatest part of the 
time? A. X think he was there when the Donegal 
Hotel closed, about the 201 h of October. 

Q. Stute whether beseemed to be associated with J. 
W. Eojih and the others j'ou have mentioned. A. He 
was: but whether he came there before Booth or not I 
could notsay. ilewasoue of that clique of men who 
con'ederated together. 

Cross-examination by Samuel Foster— Q. You say 
you were acquainted with persons by tlie name of 
Payne, neither of wliicli is the prisoner at the bar. I 
ask you whetlier vou knew where they came from, or 
uiivthing abuut tliem? A. Only Irom what I heard 
Irom general reputation: I heard these were a party 
who originally came from Kentucky; that they had 
been in the counterfeiting business. 

Q. What time was it that you saw these men? A. 
John Payne, who b >ards there, came to tje liouso 
Bvery dav, and was still there when X came away. 

ci. Did you see, about the time that yoi saw these 
Pavnes.aman by tiie name of Montgomery? A. I 
saw noiii;'.n by that name tiiat I know oi'. , 

cj. Did vou ever see the Paynes there in company 
with a man named Cleary? A. I have John Payne; I 
could not sav X liave the other. 

Q. Did veil ever scirfcither of them In company with 
C. O. Cay? A. I iieversawClay but very little: X have 
seen them in company with Sanders, Tucker and 
1-ilaekburn every day. 

Bv Judge Holt.— Ci. Could you name any other Rebels 
in Montreal who coiistitnted a i)art of this c.rcle you 
haveiumed? A. I could mention General Carroll, of 
Mempliis, B. Wood, a man about tliirty-five years 
o d, a gentleman by t'le name of Clark, and an old 
gentleman from Florida who wore a queue; I think his 
name was Westeott. 

Q. Do>ou remember a man from Indiana byname 
of Douge? A. X do not recollect him now. 

Q. Or a man by the name of Walker? A. No sir; I 
know many men I met every day but I do not know 
their names. They rather gave me the cold shoulder 
after they found my sympathies were with the North, 
and had verv little to say to me. 

By Mr. Aiken.— Q. Do you recollect Dr. Morrill 
there? A. No, not by that name; I might.j'emember 
him were I to see his photograph. 

Q. Did C. C. Clay have a room at the St. Lawrence 
Hotel? A. I could not Say. 

Q. Did you see Payne go to the rooms of any of 
these persons? A. I once saw him coming out of 



108 



TRIAL OF THE ASSASSINS AT WASHIXGTOX. 



Sanders' room: I never saw him going m or commg 
out Oi aiiv oi' the otbers. 

U. Atid'you are sure he bears no resemblance to the 
prisouorut theUar? A. Very liU!e: be \v;is an older 
mtin: 1 should not think of bis beins any reUiiou to 
. the man: there is no reseiabluiice that I discover. 
Tostinjony of Gorffrej- J. ISyams. 

Bv Judge ItolU— Q. Where have you resided during 
thepa tyeai? A. AtToronio. Canada. 

Q stale vvliether or not, while there, you made the 
acquaintance of Dr. BlacUb;irn. A. Yes sir I did, 
about the middle of rccember. 1SC3: I icuew him pre- 
vious to that bv sight, but I never liad any conversa- 
tion wlt'.i him; 1 have Icnown him since that time. 

Q. Did vou L:now him as in the Confederate service? 
A. I did uot know he was in the Couiederateservice; 
I knew ho was doing work ibr the t^'imiederates. 

Q. ^?tate what arrangements, if auy. tliis r>i-. Black- 
bura made with you lor the purpose of intrwduciug the 
yellowievor into the United ^:atLs: ^'ivealUhepaiU- 
culars of vuur arrangements; what wa.s done und.r ic. 
A. I was "intr Kluced to Dr. Blackburn by tne Rev. 
Stewart Eo'oinson at Queens Ki.'te!. Toronto; Dr. 
Blackburn was about to take South some soldiers w:io 
had escaped from Xortliern prisons; I askfd him if he 
wasf:oin-.isoutli himsel/: hea-^Uedmo if I wanted id 
go Soulliand serve tiieConicderacy: Isaidldid; be 
then toldnio to cjine upstairs, that ho wanted to speak 
to me: 1 went upstairs with him into a private rorm; 
he I flored his hand to me as a Freemason in Ir.endsh p 
and said he would never deceive me; that he wanted 
to rl:icocon:iilencein me for an expedition: he asked 
me if Iwxuld like to go on an expedition; I told 
him I did not care if I d'd: be s,.id I would 
mak>^ an indonendent fortune by it— at least tne hun- 
dred thou and dollars— and more glory than (ieneral 
Lee; t..atl could do more for the Southern Cju. cue- 
racy than il I had taken one hundred thousand soldiers 
tore.nf.nce General Leo: Iconsidercd a.ter atime, 
and told him I would .^o; he then told me he wanted 
m'' t.> ta'.ie a certain quantity of clotbiui:— he did not 
sav how much (coats, shirts and underclotliins)— iuio 
the States, and dispose of them at auction: hew:;ntod 
me to take them iutoUashingion City, in'o Kor.olk, 
aud as far South as I could go where tlie tieneral Go- 
vernmcut held possession; he wanted me to sell them 
on a hot dav or night: it did not matter what raone.v I 
got for thee othes, I was just to dispose of them lor 
wi-at I couldcet. 

Q. Wijat did he tell vou vou were to re^pive for your 
services? A. He said one hundred thousand dollars; 
he said! should have sixtv thousand duliarsass o:i as 
I reported back to Canada, and. that if the thin;isu-- 
ceedcd I could make one hundred thousand times as 
mucli. „ , 

Q. Where were vou to get possession of the clothes? 
A. J was in Toronto to ao on witii my legitimate bus.- 
ness. and ii'lleit I was to inform Dr. Siuurt Robinson 
wher ■ I was, and he was to telegraph or write to me 
somewhere about the month of .lauuary, ist"4; I went 
on with mv work until, I tliink. the 8th of June, 
lSu4; on Saturday night I had been out to 
take a pair of boots home to a customer of mine: 
when I returned mv wife bad a letter in her hand 
from Dr. Robinson, which he hud just cai.ed and le:c 
there: I called on Dr. Robinson and asked him what I 
was to do: Robinson said he did not know anything 
about it; ho did not wish himseli to commit any overt 
actag-iinst the United States Oovernment; that I had 
better take only enough money to carry me down to 
Montreal; I had a letter to Mr. l~lau'rhter, who gave me 
diroclion.i to proceed to Halifa.x, wherel was tomeet 
Dr.Blackburn: the letterwas dated Jlay 10th. 18G4:l rum 
Havana I went down to Haliiax; Dr. Biackbui-^ 
arrived the;e about the twelfth of July fro* 
Havana: he sent down to the hotel where I was st ty- 
ing and I went to see him; he told me that he had 
c;6thi:ig there winch h;id been sttiiiujjied otT, andin 
accordance with his directions took an express wa.gon 
beion-^ingtothe hotel down tothe st.-;imboat landing; 
aud ijot there eight trunks anda valise; he directed 
me to take the things to my'hotel aud put them 
In a private room, which I did. and notilied Dr. 
Blacibiirn: he asked me if I would take the valise 
into the s-tates and send it byexprrss a'-coinpanied 
■with .1 leti.r as a present to President Lincoln; I ob- 
Jecte 1, and the vatisewas taken tohis hotel: heoi<iered 
me to scratch the marks oiTthe trimks; they bad 
Spanish marks on thi-ni: he told me a man would go 
■with me tie next morning to make arrangements win 
one or two vessels going to Boston to smuggle the 
trunks through: I went down as directed, and made 
application to Captain McOregon I do not remember 
the name oi the vessel; the one who went with me 
had a consultation with Captain BIcGregor 1 do not 
know wh.u be said, but Captain JlcGregor refused to 
'take the trouble: we next went to the barque i/o/i/aj;, 
Captain J. O'Brien: the officer who was with me 
said I had some goods i wanted to take to my iriends, 
and presents— silk and satin dresses, Ac, and that he 
wanted to mike an arrangement to smuggle them 
Into B.'Ston; the captain and he had a private con- 
sultation: wh^n they came out he consented to take 
them on the JYui/ai. and smuggle thorn in: he took 
them on board his vessel that day, on arriving at 



Boston it was live days before we got an opportunitv 
of getting them off. but he succeeded at hist in doing i't, 
ana expressed theai through to Philadelp.iia: from 
there 1 brou^'ht them to Baltimore, and bi ought tive 
trunks hereto Washington; four of them I gave to a 
man representmg him-elf as a sutler, from Bo-tou, by 
the name of Myers; 1 understood at the time he was a 
sutler in Sigcl s army; he said he had found some 
goods that he was to take to Newbern, Xortn Carolina; 
my iustruciions were t'j make a market icr the gi ods, 
aud I turned them over to him: Dr. Blackburn lold me 
at the time tliat Jie would have about iioo.i.00 worth of 
goods goi to.gether tnat summer t^/bedispo ed of. 

Q. What aid hestate to you was his object, if any, in 
disposing of thosegoods? A. To destroy the army, and 
anybody in the couutiy. 

(j. Did he state that these goods had been carefully 
inected \vi;h Jellow lever? A. Yes sir. 

Q. Did he explain to you thoprocess by which he had 
inlected them? A. Heild not; he told "me there were 
(.ther parties engaged iu it, he did not say who they 
were, who were about infecting other goods with 
small-pox. yellow fever, and soon. 

Q. Did you undersiand that the goods in this valise, 
intended to be sent as a present f^ President Lincoln, 
had a'so been careiiilly lu.ected withyeiiou lever? A. 
1 understood him it l-.ad been iniectcd with yellow 
fever and sniall-poi; I declined to take them. 

Q. Did you ever learn from him whether he had 
ever sent that valise to the President? A. Iso, I did | 
not: I have beard it was sent to him. 

Q. What dispositiouo. this trunk and clothes did you 
make in AVashingto; ? A. I turned them over to" \V. 
L. Wall <t Co.. commission merchants; 1 requested an 
::dvaiice on them; they gave mean advance of JlOO, 
and I went back to C.inada. 

Q. Do y'.u remember thedateot that transaction? A. 
I think it w;is about the lillii oi August, Js !. jt was the 
largest of the Cve trunks: it had two watches in it. and 
w;'.s kno^>vn as "big No. 2:'' my orders were to be sure 
and have the irunksold in Washington. 

Q. Did you send any of the others furthorSouth or 
were tbe.v ail left here? A. I turned them ivrr to the 
sutler, who put them in a steamboat lor Kor. oik; I ap- 
plied to General But er lor a pass to go through ii^yself, 
but the reply was that ihearm.vwas about to move, 
and that no persons would be allowed a pass uot con- 
nected with it. . j 

Q. Stare what occurred on your return to Canada. A. 
I wentthroa;h to LtamiitOM without stopping: tnere I < 
had to wa.l lor tbe.cars, and was met by Mr. ilijlcomb 
a:id C. C. Clay; they both suoi;k himls w tli me, 
greeted me heartily, and cougratnlated me on my safe 
le urn and en my making a fortune; tuey to d me I 
shculd be a gentleman lor the future; I telegra;;hed to 
Dr. Blackburn who was then Slaying at ^louireil. as 
Mr. llolconib li. d toid me, that I had returned; the 
ne.xt night between Hand 1:; o'clock. Dr. B-aci;ourn 
came lip and knocked at the door; 1 was in bed. but 
looked out of the window and saw Dr. Blacl.burn; he 
told metoc m..'dowu a dopenthe door: that. I was 
like all other rascj.ls a.f-r doing sometl.ing wrong, 
a. raid the devil was after me: he was accomijaiacd by 
James If. Young: be asked ho^n- I disposed ot tiie 
goods, and I told him; he said it was all right if "big ^ 
JN'o. 2" bid been disposed ol: that that would kill at 
stxtvyards' dista;ije: I then told him that everything 
had'gone wrong iu my business there since r bad been 
away, and that I needed somemoney; hesaid b? would 
go toC'ol. Thompouand make arrangt m r.ts to dn;w 
on him for anv ii.onev I desin d; he sa d t.ie British 
authorities had solicited his attention to the yell'iw 
lever raging at B-rmuda; that h;- was going on thrr 
and. a.s soon a^ be came back, he would so • me. I w ■ 
tjfce"- Jacob 'Ihomn on the next morning; be said il. 
Dr. Blackburn bnd'b<>< n there and made ar.ang men - 
topavme one hundred doilars when ih; g ids ha 1 
he. n di-po-sod of according to his dirtctions: I til h!::i 
1 necdetf the money: he said:— 'I wdl give you li.iy 
dollars now. but it is a,'ain«:t Dr. BlacKburns reques'; 
when vou show me that you have so'd the tioods I 
will pavthe balance: I gave him a receipt .or fif y d 1- 
lars on account of Dr. B ackburn; this w s thi" Uth or 
IJth of August; the next day I wrote a lo'ter to Mr. 
\Vall, here, saving I liadgou ; to Canad.is nco he sold 
t lie goods, and" asked him to remit to mo the proceeds 
at Toronto; when 1 g tthe letter of William L. Wall 
1 took it to Colonel Tiiompsin; he said ho was satis- 
fied with it. and gave nieacheck for tMty dollars rn 
the Onta'>-) Bunk of Montreal; I gave him a receipt 
lor fifty dollars on account of S. P. Blackburn. 

Q. Slate w:ietber or not Jacob Thompson, in all your 
connection with him, seemed to have a perfect know- 
ledge of the character of the goods you were selling? 

Q Did you mention to him the large sum that had 
been hromised to you bv Dr. Blackburn? A. 1 did. and 
'lesaid the Con 'ederate" Government had appropriated 
ijon,ouo for that purpose. 

Q. now did he excuse himself for not giving yon 
more? A. When J)r. Blackburn returned irom Ber- 
muda. I wrote to Montreal and told him I wanted 
money; be made no reply; I then sent down to B. II. 
Y'oung: subsequently Imet Dr. Blackburn, whosaii I 
had written him vorv hard letters, abusing bim, and 
that he had n»t any money to give; he got into hia car- 



TRIAL OF THE ASSASSINS AT WASHINGTON. 



109 



riase and drove off, and never gave me any satisfac- j 
tion,orraiduieanytliint;inore. - -nr .u 

Q. : me under whatname you passed when in Wash- 
ington. A. J. M. Harris. . ^ »•_ -..t 

o Whyre didy.'U stop in this city? A. At theNa- 
Uonal Hotel, and lbrou;-;ht the goods there 

Q. Can V..U give the precise date? A. I think it was 
the atli of August, 1864. 

Q In what name did you write this letter to Dr. 
Blackburn? A. lu myown name. 

Q In wbut name did you write to Mrs. Hall? A. in 
the name of J. W. Harris, the same as I bad regislerea 

^q" cVn you s'ta'te' whether C. C. Cla^' and Professor 
Ho comb, when you met on >our retflrn, in their eon- 
ver aiioii with you, seemed always perlectly to under- 
stand V e business you were eufcaged in? A. ^ es; 
alter I returned back to Canadtv 1 met C lay„Holcoinb. 
Preston, Uevcrlv Tucker, Pr. niackburn. and siveral 
other gentlemen at the Ciiuou House, Niagara tails 
Q. Tueytheu had a knowledge of your enterprise? 
A. Yes ST. „ 

Q. And thev complimented you upon your success? 
A. Holcinii) aiuU lay d^d. 

Q. How do \ ou know they had this knowled^'e? ^Vas 
thereaconve:satitin between them that lea no doubt 
on vourmiiid as to the fact? A. In the conversation 
at t'ljerliftcn House I stated that I intended to return 
that ni;;ht to Toronto: l)r. Blackburn had no money; 
he told me that he would ro to H .icomhe. who 
had Ci.n'e<lenue funds; he said that Holcombe was 
going ti>stav there, and when be returned he would 
get mouev from him or Thompson jor the oxpedilicn; 
that he In'.d to get it irom one of them; I uiidiistood 
from that lime that they Knew all about it; I never 
spoke to Ihem directiy about it at all; I tookicfor 
granted, wliou they concrralu'ated me onniysatere- 
turuat Hamilton, they must have known all about it. 

Q. "iou .sptak of Stuart Kubinson. a divme, ot 
Louisville, Kentucky; who introduced you to Dr. 
B ackburn. Did he seem to have a knowledge 
of the busine s you were engaged in? A. Kot 
from me; 1 don t know what knowleric,e he had from 
Dr. B.aclcburn. He said he did not know the nature 
of thebu^ine.-s I was goiii.g ou, and tiiat he did nut 
want 10 commit any overt act. All I know is that Dr. 
Bobin-on took good care ol me all tue time 1 was 
there that lime until Dr. Blackburn wrote for me. He 
did noti:;iveiiie any nionev. I borrowed $1(' to cime 
down to Montreal irom Mr. Pr.'s;on. I went down to 
Montreal and saw Mr. Slaughter. who was to Uiiiiish 
me with funds 10 lake me to Ilali ax. He said he was 
short of funds, that he had h st several hundred dol- 
lars by th;; lailure of a bank, lie gave me f:5 and 
said I h; d better go to Holcombe at the Douegaiia 
House. I saw Mr. lio'combeand told him I was snort 
Of funds and wanted $40. He said I hi d belter take 
foO. but 1 replied sav'n.; I did n(jt want it. 

The Judge Advocate asked ihe c unsel for the de- 
fense whether they desired to cross-examine the wit- 
ness. 

Mr. Aiken replied that before the witness was dis- 
charged hede-irod to know wlut her it was tie i>urpose 
of thejudge Advocate to make use oiilie testimony in 
the summing up against any oi thepr.snners. 

Judge Holt replied that it was e.xiiected that refer- 
ence would be made to all the testimony in summing 
up, but that the object ofthis testimony was to connect 
the Kebeilion with this crime. 



. Testimony of Wm. I,. Wall. 

By Judge Holt.— Q. Are you a merchant in this citj'? 
A. I am an auction and commission merchant. 

Q. State whether, last summer, you received on con- 
sicnment irom a per.son representing himselt as J. W. 
Harris, certain trunks and goods? A. While I was 
out of town la.st August, my book-keeper received 
from a par y named Harris, a lot of shins and coals, 
which he d 'Sired to be sold at auction the next morn- 
ing; thebook-keeper said he would sell ihem: he asked 
for an advance on them, and Jiuo per trunk was tlie 
amount advanced, and the goods were sold the next 
morning; I did not see them at all. 

Testimony of A. Brenner. 

By Judse Holt.— Q. Were|,\"6u employed Inst summer 
iutheservice of Mr. Wall, commission merchant in 
this city? A. Yes sir. 

Q. Stale whether in the month of August a man re- 
presenting himself as J. W. Harris sent to tlie store oT 
Mr. Wall certain packages of goods for sale. A. A 
n^an calling himself Harris brought a packaiie of 
goods to the store ior sale; I thought him a sutler 
reiurnin:? home, and X advanced him one hundred 
dollars upon them and sold iliem the next day: 
be said taere wore twelve dozen shirt.^, but there 
turned out to be more; I rendered an account of the 
sales to him at Toronto, Canada, with the balance of 
his menev, in accordance with a letter received from 
him directing it, which I have here; it radatedat To 
routo. t^reitember 1st. )8G4, and he s.ates that he liad 
written to me previously in respect to five trunks, 
containing one hundred and fifty woolen shirts and 
twenty-five coats, but had received no response, anit 
asked me to send him a check on JSfew York for the 
proceeds. 



Q. Do you remember anything about the marks 
wlilch were on the e trimlis? A. Xos.r: I remember 
tliesliiris were tlirown promi.scuouslv into tue trunks: 
1 sorted them out into packages of "a dozen and sold 
them. 

Q. Do you remember whetherany trunk was marked 
]S'o. i." A. We marked llieiu in sellinu'lheni. 

Bv the Court. —Did it seem to be new c utiiing? A. I 
tbougbl when 1 first ojieiied Ihe ti niik it was not, and * 
had doubts about its lieing a safe investnunt . but on 
looking flintier I saw it was new; it appeared to bo 
crammed down into the trunk. 

Q. Wliat amount d d Uie shirts bring? A. I see by 
the account sales which I have here that the whole 
amouut was f i4.;';io. 

Testimony oT Thos. li. <iar<lner. 
Q. Sla'.e wliether or not j ou came uj) in company 
with Dr. Mudd to Washingiou last spring. A. 1 did, 
sir. 

Q. Slate the dale of the visit. A The ;3d day of 
March. 1 think, sir. 

(.1. .--latj whalt mo you le!t home to come up. A. On 
the id, i:i tlie inoniiiig, alter tlie usual li;eak(asl time, 
y. folate the )>tiriiose of tlie vi-it. A. Wecameupto 
attend asole<if(io\ eminent horses, wliichwasto take 
jilace on I'r.daj', but we lieard it was to take place oa 
Tuesday, aad so wei e disanpoiuted. 

ti. t;o Oil and Slate wlieue you and Dr. Mudd were 
during lluit visit. A. Welell our horses r.t Marlins, 
walked across the street, came dawn tae avenue, and 
weiitto a c.uriago factory: we tlien went to ti livery- 
stabie, where liel loked at some second-hand wagons, 
and then went over on tue island to Mr. l lark's, and 
remained tliero till about dark, till iheslnro was about 
to clo.seui>: Dr. Miuld and myself waiked urouiid to 
Dr. Herriinj's, where we iem;.iu''d some two or three 
hours, and then reuiriied to Mr. Clark's, u lieru we re- 
maiuedall night: tliciio.vt morning we look leave of 
Clark, and went int > Wn- t'apitol to look at the paint- 
ings: wetheii wentaiid t.iok tl!es:reet car, and went 
up to Martin's aad g ,t our horses, and aaer dinner we 
le.t a. d returned lujiiie. 

Q. s atewh isleiJtwithDr. Mudd. A. Dr. Mudd and 
myse.f slej.t togeiher: tliere was but oue bed iu tlie 
room, and we oeeupied that. 

Q. t- tale whether yeu and Dr. Mudd were separated 
during t.ie visit. A". Iso.sir; not aia;l; i a:u conlident 
that it no time werewe out of one rnolhei 's sight from. 
ourleavii:g Martin's until we started bj.ck. 

Q. Did yi u not see anything of Booth during that 
visit? A. No, sir. 

tj. D:ilyougo into the National Hotel? A. No. sir; 
Itliink we Siopped la Icing in lioiit of the Naionai 
Hotel looking at some Bebel prisoners ^^assing, but we 
did not go in. 

Q. Do you recollect the contest during the Congres- 
sional election in your district in waich Calvert was 
ti:eUiiion ci'iuhdate and Harris we.s the Se; e.ssion or 
op])os ng candidate? A. Yes sir, Harris ran as a Peace 
candidate. 
Q. 1 "o von know which one Dr. Mudd supported? 
Objected to. 

Q. Do yon know on what ticket Calvert was running? 
A. Asn.i unci Ddition:il Union caiidida'.e. 
q. Do .von know which Dr. Mudd supported? 
O.'jccted to. 

Ci o.ss-e.xaniined by Colonel Eurnett.— Q. Did you say 
that Mr. Calvert was running ns a be tier Un on c.indi- 
datetiian Mr. Harriiatthat eleetio i? A. Yes sir. 

Q. Was nut Mr. Harlaud a candidate? A. I don't 
ki ow. 

(^ Were the oher two peace candidates both of 
them? A. I don't know. 

Testimony of Mr. F><»nnin^. 
Q. Sta'e where you live. A. In Charles county, near 
Mount Pleasant. 

U. State whether you are acquainted with Dr. Samuel 
Mudd. A. I am veiy we.l actiuainti d with him. 

(J. Are\ou acquainted with Mr. Thouias who testi- 
fied here?" A. Yes sir, I Was raised with b itli of tiiem. 
Q. st.ite wJiether or not Dr. Mudd and Mr. Thomas 
met at ynur house last spring. A. Ye i sir, between tne 
1st and l.iih they both met at my lioi s.?. 

U. D.d they meet at any other time this Spring at 
yourlii'USe? A. No sir. 

U. Did they come together? A. Nosir: Mr. Thomas 
came two or tiiree hours be ore I'r. Mudd. 

Q. How long did Dr. JIudd stay there? A. About 
half rn hour; I don't think hesiaid over half an hour. 
Q. Were you present all ilie time Dr. Mudd was 
there? A. 'Yes sir; 1 never left the room. 

Q Stale wtiether or not, in that couve .sation at that 
time, J.)r. Mudd sad that I'res dem l.iiicolii was un 
'i.bolitionisl: tiiatall the Cabinet were such, and that • 
theSouthcould n t be subjugaleil by Abolitmii doc- 
trine, and that liio Pre-ident and Cabinet would a 1 be 
killed in six or seven .weeks. A. There were nosuch 
words spol;e:i iii ti.e house, to my knowledge; I stopped 
there aii the time; toe came there Dseenie to collect a 
lilt le doc!' r s b 11. and stoppedthereabout lad tan hour: 
as I walked out. Dr. .Mudd rose and ibllowed me out; I 
went directly home; Mr. Thomas stayed with mean 
hour afterwards. . 

Q. Could Dr. Mudd have had any conversation with 
Mr, Thomas without you hearing it? A. Nosir; eveu 



no 



TRIAL OF THE ASSASSINS AT WASHINGTON. 



if they had whispered I could have beard it, I was so 
close to both ot thom. 

Q. Was any part of the statement I have recited to 
you iiKuJo by JJr. MuUd on that occasion. A. Not to 
my kiiu\vlc'ij;;e. 

Q. Do you think you would have noticed it if it had 
been? A. 1 siiould certainly. 

Q. State whether or not, two or three weeks after 
that occasion, you met Mr. Thomas on tlie road be- 
tween your house and his, and whetlier he said to you 
that at your house Dr. Mudd liad .said lliat l lie Presi- 
dent and the Cabnict and every Union luau in tlie 
State of Maryland would be killed? A. He never said 
Bucb a word: I never heard a word oCthat kind. 

Q. Neither beiore nor after the assassmation? A. No 
sir. neither. 

Q. Oil that occasion did Dr. Mudd say that lie did 
not consider the oath of allegiance worth a clifw of 
tobacco? A. No', that I recollect; there never was a 
■word of it spoken. 

Ci. What was the conversation about? A. Daniel 
Thomas was sayingto Dr.Mudd that he wasa|>i)oiulrd 
ade ejtive. and tlic'n referred toothers; to Dyer and 
to Dr. Georite Mudd, and, perhaps, to one Hawkins; 
to beinj,' detective as well as he could, but didn't pre- 
tend to catch anybody himself: it wiLSliis (luiy.besiiid, 
to go to iheir houses, but he said he never would catch 
any bodv. 

Cross examined.— Q. Were they talking during the 
whole half hour? A. Yes; they were detailing a lot 
of /boli-h IhiiiL's. 

Q. What did'Dr. Mudd say? A. I had no conversa- 
tion with llnT.i. 

Q. Wiiat d d Dt. Mudd say to Thomas? A. Ue said 
that 1.0 was a jack. 

Q. Wha- d d he call him a jack for? A. Thomas 
Eaid he was appointed a IJeputy Provost Marsh:il, and 
Dr. Mutids;iid. '•lam a better educated m..n than you 
are. and I am not fit for that office." and then they 
talked, and Mudd called him a jack; I didn't like that, 
for Iilon't sulfer jacks to come into my house. 

Q. How long were you gone beiore Dr. Mudd went 
out? A. Not twos •conds. 

By Mr. Ewing.— Q. Did I understand you to say that 
you were not out of the room during that interview? 
A. Yes. sir; i was sitting about one yard fr<jni tliom: it 
was cold weather: we had not wood enough on the lire, 
and we all satciose to it. 

tj. You heard all the conversation? A. Yes, sin 
every word that was spoken. 

Teslinmony of Iff. L.. Mh<{<], Jr. 

Q. WherH do you live? A. Near Bi' antown. 

Q. How far from the accused? A. luree-uuarters of 
a mile. 

Q. Did you last winter or spring, in company with 
Dr. Mudd. come np to the neighborhood of Washing- 
ton? A. Yes bir. 

Q. Slate where you both went? A. We left home on 
the lOtii of April and stopped about twelve miles from 
Washington. We went to Giesboro' to buy horses and 
stayed there till U' o'clock. We didn t (iiid any horses 
that suited us as they were nearly all diseased. I 
made a proposition to" go down to Martin's near the 
bridge and get some dinner, and we went and took 
dinner there. 

ti. Wli' r.' did you go then? A. fjirnctly home. 

Q. Stale whether you were separatid (roni Dr. Miidd 
during that visit, A. Not dtu-ing that visit; we were 
all the iim<' together. 

Q. State whether you crossed the eastern branch. 
A. No sir. 

Q. D^d you go on to Washington? A. No sir. 

(i- State wueiheryou saw anything of John Wilkes 
Booth during that visit. A. No sir, I did not. 

Q. Do you know anything about any other visits Dr. 
Mudd tnade to Washingtin? A. Yes sir. <ui the 'iid or 
24lh day of December and on ihe2,id day of March he 
was there. 

Q. Who came with him the first time? A. Jerry 
Dyer. 

Q. Who came with him the second time? A. Mr. 
Gardner. 

Q, State whether you know anything. e.xceptof those 
two visits, irom the 1st of January to the present lime. 
A. I saw him threeor fourtimtsii weeU.sumeiirae.i at 
church, and someiilbes at home; I never saw him any- 
where else. 

U- How long have you been living within three-quar- 
ters of a mi. e of Mudd's place? A. Allinyliie. 

Q. Did yon live there last year? A. No sir: I was at 
college, but I came home on the 2 ah day of June. 

Q. Have you been here ever since? A. Yes sir; ever 
since. 

Q. Do you know of any part of the Confederate 
soldiers being about your brother's bousesiiicetbe2yth 
day of Jul.v,ls(;4? A.I donotsir. 

(j. Did you hear orsee John Surratt at your brother's 
house? A. Never, sir. 

U. state to I he Court whether or act your father is a 
laad owner in the county. A. Ves sir. 



Q. now large? (Objected to by Assistant Judge Ad- 
vocate Bingham.) 

Q. How large a farm is it that your father has? A. 
Between four and five hundred acres. 

By Colonel Burnett.— Q. Do you mean that he owns 
it? A. Father gave it to him; he never hud any 
deed for it; he is simply there as a tenant; my father 
owns it. 

Q. Don't you know that Dr. Mudd does not own a 
foot of land ofany kind? A. I do not, sir. 

By Jfr. Kwing.— The Witness— I have always under- 
stood Hint the farm was set apart for him h3' liis father; 
it is knoun as his (arm. 

(.1. Do you knowofyour brother having sold and re- 
ceived the proopeds ot any lan<l belonging to vour 
i lather? A. Yessir; the land on which Jlr. Forey now 
lives he bought from my lather; the house was burnt 
down and my brother sold the farm. 

Ci. Who held the title? A. My father sir. 

Testimony of Sir. Hardy. 

I live in Charles county, two miles and a half above 
' Bryantown: I dined at the house of Di. Mudd's fat lier 
one week after the assassination; a mes-enger came 
i lor him to go to his own house and I uint with 
hiin;weiiiei Li<'Utei)ant Lovett in Dr. Mudd s yard; 
Dr. Mu.ld introduced IJentenant Love:i t > mc and he 
then vva, kid into tlie house, aud Dr. Mudd told Lieu- 
tenant Loveit t!iat the hoot wa-s in the house, and 
asliid hiin U'he wanted it; 1 think he mentioned it af- 
ter we (^ot iiit)'t!ie house, no inquiry haJ been made 
be ore in my hearing. 

Q. Was anything s.:iid about where it was found? 
A. ^^rs. Mudd said she found it iu dusting the room 
under the bed. 

(loss examination.— I don't Icnow what remark was 
made about searching the house. 

B.v Mr. Fwinu.— Q. Who gave the boot to the oflicer? 
A Dr. Mudd himself. 

Q. What time of day was it? A. Between 12 and 1 
o'clock; we had d nnorat Dr. Mudd's f:ither s: J d dii't 
see the messenger; 1 think it was Mr. Davis" child ran 
ill and said Mr. Davis was in the yard and wished to 
see Dr. Mudd. 

Testimony of Dr. lilantlford. 

Q Where do .vou live? A. In Prince George county, 
about twenty miles from the city. 

ti. State whether or noi, during last spring or winter, 
youaccomp;mied Dr. Miidd towards Wasljinglon. A. 
X d;d.on the 11th oT Ain-il, to Giesboro, to attend a 
sale of Government horses there. 

Q. Slate who was in company with him. A. His 
brother; we arrived at the sale before the hour, aud 
I remained there with him till twe.ve o clock, 
e.Taniitiing horses: they were of an inierior quality, 
and he made ii) purchases during my sta.v there: at 
(Hl)out hall-p.ist twelve o'clock I le.t hiiii and made an 
engagement to meet him again; 1 went to \\ashiiigton 
and got back to Martin's at about half-past two o'clock, 
and found Dr. Jliidd there. 

Q. When \ ou st.irtcd (or Washincton you left his 
brother with i im at (iiesVioro'. A. Yes sir. 

Q. Did .vou lind him there when you returned? A 
Y''essir. 

Q. State where Martin's is. A. On the forks of 
the road, not more tlian one hundred yards from the 
bridge; one road leads to the right, aud the other is the 
stage road leading into the countr.v. 

Q. That is on the other side of the Eastern Branch? 
A. 'Yessir. 

Q, Have .vou any knowledge of Dr. Mudd offering to 
sell his farm? A. I think he said he would like to sell 
it. 

Q. When did you hear him speak of that? A. For 
several years hack. 

(.1. What place did he refer to? A. The place that he 
lived in; I heard him speak of it iu the last eighteen 
mmilhs several times. 

Q. How long did you stay at Giesboro' together? A, 
Till eight or nine o'clock. 

Teslimoiiy of Mr. Martin. 

lam acquainted wii(k both Dr. Samuel INIudd and 
Henry D. Muilil. and aNOwiili Dr. B;andi'ord; 1 saw 
them on lhe'j::d oi March, and also. 1 think, on the ^lh 
or.\pr.l last; both Dr.Samueland Henry l.Budil wito 
at my house lor one or two hours; Dr. Biandiord joined 
tliem between three and four o'clock. 

ti. Was Dr Mndd there afterwards, between that 
time and the a.ssassination? A. No sir; neither W..8 
Henry D. Mudd nor i)v. Hlandford. 

Testimony of 9Ir. Montg^oniery. 

I am acquainted with the prisoner, Dr. Samuel 
Mudd; in las' Dtcemher he made an arrangeinentwith 
me tor bringing a store to Washington; 1 reckon it was 
on the i2d oi 'hat lAonth, in the morning. 

Tlie Court then adjourned till ten o'clock to-jnorrow 
morning. 



TRIAL OF THE ASSASSINS AT WASHINGTON. 



Ill 



Washington, May 30.— Visitors of botu sexes 
continue to crowd the court room almost to sufToca- 
tion. At the trial Messrs. B. Hubbard, Joliu E. lloberts 
and CUarles E. Follows, of Col. BaUer's Detective 
Force, are in attendance, enforcing order and cour- 
teously attending to their appropriate duties. 

The record of the previous day having been read, 
the prusecutioii proceeded to call three witnesses, the 
ramaining being for the defense. Their testimony was 
as follows :— 

Testimony of I.ewis F. Bates. 

By Judge Advocate Holt.— Q. State where you re- 
Bide. A. In charlotte, N.C. 

Q. How long have you resided there? A. Little over 
lour years. , ^ ^, 

U. In what business have you been engaged there 
during the i:astvtar? A. I have been engaged as Su- 
perintendeulot' the Southern E.\press C'ompai'iy lor 
the State ot North Carolina. 

Q. State whether or not you saw Jefferson Diivis re- 
cently at Charlutti', K. (.'., and under what c rcuni- 
etanees. A. Ho stopped at my house on the lyth ot 
April last. 

ti. Did iie niako an addre-^s to the people on that oc- 
casion? A. He diu, on the steps of my house. 

Q. Slate whether or not, in the course of that ad- 
dress, or towards the close of it, a telegram was re- 
ceived bv ijim annijuncing the assassination of the 
President of ilie United States. A. Itwas. 

Q. Front wiioiii? A. From John C. Breckinridge. 

Q. Did lie or did be not read that telegram to the 
crowd? A. lie did. 

Q. Look at; tins (exhibiting to witness a telegram), 
and see wiu'ther it is the same despatch? A. 1 should 
Bay that it was. 

The despatch was then read, as follows:— 

Gkek-nsi;iiiio„ April lli, 1805.— His Excellency Presi- 
dent Davis;— Fres.ilent Lincoln was assassinated in the 
theatre in Washington, on the night of the 14;U inst. 
Seward's house wa- entered on the same night and he 
was repeatedly stabbed, and is probably mortally 
wounded. 

(Signed) JOHN C. BRECKINRinGE. 

Q. State what Jefferson Davis said alter reading this 
desfatch to the crowd. Endeavor to recollect his pre- 
cise language. A. At theconclusion of his speeeh to 
the people he read this despatch aloud and made this 
remark:—" // it were to be doiie it were better that il were 
done wcil." 

Q. You are sure these are the words? A. These are 
the words. 

Q. State whether or not. in a day or two afterwards, 
Jefl'erson Davis, John C. Breckinridge and otheis, were 
present in your house at Charlotte? A. They were. 

Q. And tiie assassinatioTi of the President was the 
subject t)f conversation ? A. A day or'two afterwa?ds 
that was the sulj.iect of their conversation. 

Q. Can ytiU remember what John C. Breckenridge 
said? A. In speakingof theassas<iuation ot I'resident 
Lincoln he remarked to Davis that he rogr<'it<'d it 
very much: that it was unlortunate lor the people of 
the South at that time; Davis niilied, •■ Wcil. Ucheral, 
I don't know; if it iccre to be done at all. it wr.rr bclicr 
it tuei'C well don"; and if the name were done to Andrew 
Johnson-, the beast, and to Secr^ry tiCanton, tlic job 
would then be complrtc" 

Q. You leel conlident that you recollect the words ? 
A. These are the words used. 

Q. State wlietheror not the regret which John C. 
Breckenridge exjiressed at the assassination was be- 
cause of its criminalit.v, or simply because it was un- 
fortunate lor the people of the South at that time? A. 
I drew that conclusion. 

Q. Was there any remark made as to the criminality 
of the act? A. No sir; he simjily remarked that he re- 
gretted it as being unfortunate for the South. 

Q. Of what State are you a native? A. Of Massa- 
chusetts. 

Testimony of J. C. Courtney. 

Q. Where do you reside? A. At Charlotte. N. C. 

Q. In what buoiness were you engaged there? A. In 
the telegraph business in connection with the Southern 
E.xpress Company. 

Q. Look at thetelegraph despatch of which Mr. Bates 
has just spoken, aiiU state wliether or not it passed 
over the wires at the date indicated? A. Yes sir; that 
Is a true cojjy. (A copy of the message telegraphed on 
the 19lh of April last, to Jefl'erson Davis, was shown to 
witness.) » 

Q. From what point? A. From Greensboro', signed 
by John C. Breckinridge. 

Q. This despatch was sent from theoflice to Jefferson 
Da%'i3 at Charlotte? A. When the message was re- 
ceived ho was fn j-ou^p to Charlotte; it was delivered to 
him at Mr. Bates' house, in Charlotte. 

Judge Advocate Holt then stated that Inasmuch as 
the counsel for the prisoner, Spangler, had not as yet 
opened the case for the delense, he desired to call an- 
other witness lor the prosecution in regard to that 
prisoner. 

No obijections being made, the following witness was 
called:— 



Testiiistoiiy of JaeoC> fitUtcrspach. 

By Asss'stant Judge Advocate Binguam.—Q. State 
whether you were a carpenter at Ford's theatre down 
the- nth of April last? A. 1 was. 

tj. Were you present cii the night of the 14th when 
the Prpsidenc was shot? A. 1 was. 

ti. Whicli box in tlie theatre did the President oc- 
cuuy that night? A. It was on the left hand side of 
the stage, the right hand side as you come in from the 
front. 

ij. When the shot was fired did you hear anybody 
cry "Stop that man?' A. 1 dd. 

U. State where you were and wliat you did when you 
heard the cry 'Stop that man?" A. 1 was standingon 
thestage. about the centre, behmd the scenes, wuen» 
somebody cried out, "Tlie President is shot!" Then I 
saw a man running across the stage towards the baclc- 
duor; he had a knile in his hand; I ran to the last en- 
trance, and as I came up to hin^ lie gralibed (or me, 
iind struck at me with liis knife; 1 jumped back; he 
then ran out and slammed the dour shut: then I went 
t.) open the door, and I thought it was kind of fast; I 
couid not get it open very readily; at that tiniesome- 
tiody cried out, 'Which way?' and I answered "This 
w;i\'." Then I got out, but the man had got on his 
horse and gone down the alley; I ttien caure in and met 
Spangler. 

Q,. What Spangler? A. Edward Spangler, the pri- 
soner, and he kind of slapped me on the mouth with 
his open hand, and said, " J)on't .lay wnlch icay he 
ivcnl:" I asked him what he meant by slapping me in 
the mouth, and lie said, " For Gods sake, shut up!" 
that was all he said. ^ 

Q. When you went out that door had anybody else 
besides the man with the knife gone out beiore you? 
A. I did not see anybody. « 

Q. Did anybody go out after you? A. Yes, but I do 
not know who itwas. 

Q. Did j-ou leave the door open when you ran out? 
A. Yes sir. 

Q. What was your business on the stage? A. My busi- 
ness was to shove ihe wings. 

Q. State what sort of a man. if any, went out after 
you. A. I thought he was a tall,.nrelty stout man. 

Q. Do you know him? A. No sit, I did not notice him 
paniriilarlj-. 

Q. When you came back into the theatre was the 
door open or'Bhut? A. lt^vasopen. 

Cioss-examiued by Mr. Ewing.— Q. State where you 
wej-e standing when you heard the pistol lire u A. la 
the centre'Of the stage. 

Q. Where was Spangler then? A. He was about in 
thesame place, justaliout where we shoved olf the 
scenes; he was standing there, and seemed to look pale. 

Ci. You are certfllinjou both stood there when the 
pistol was tired? A. Yes sir. 

Q. Did you know that the pistol had been fired im- 
mediately a.ter it happened? A. Not right away; Idid 
not kieiw what liad happened until I heard somebody 
halioo "Stop that man; the President is shot." 

Q. When you ciime back whireahouis was Spangler? 
A. In the same place where I left him. 

Q. Was there a crowd there? A. The actors were 
thereand some strangers; there were some women 
standing there belonging to the tiieatre; I do not know 
their names? 

Q. Do you not know one of them? A. I do not know 
any of their names, not liaving been acquainted with 
them: I had been there only lour weeks. 

Q. Did any one of them take any part in that play 
that night? A. Yes .sir, some of them did. 

Q. Wliat parts did they take? A. I do not know 
what parts, but one they used totall Jenaie. 

Q. How close was she to you when Spangler struct 
you? A. About threeor lour leet. 

Q. She heard Spangler state the words you have 
given? A. I do not know. 

Q. He .said it loud enough for hertohear? A. Notso 
very loud. 

Q. He^aiditin the usual tone? A. Yes sir, he looked 
scared and kind of crying. 

Ci. Did you hear tlie people crying "burn the the- 
atre?'' A. No sir; I just heard them liallooing "hang 
him, shoot him," that was all I heard. 

ti. You mentioned what Spangler did and said to yoa 
to several persons since then? A. Yes sir; 1 do not 
know. I think I told some detectives that came there. 

Q. Did you tell either of the Messrs. Ford? A. No 
sir; I told Gifford. 

Q. WhatdidyoutellGifford that Spangler said? A. 
I told hira Spangler said 1 should not say which way 
he ran. 

Q. When did you tell Gifford? A. The same week. I 
think tliat I was released from Carrol prison, the weelc 
beiore last. 

Q. Do you not know what they called the detective 
whom you told ? A. No sir; he had black whiskers and 
a very heavy moustache, and weighed about 140 
pounds. 

Q. Can you recollect anybody else to whom you told 
it? A. I might havesaid something about itatthetable 
in the house where I boarded. 

Q. Did you see Booth open the door? A. Yes sir. 

Q. Did you see him shut it? A. No sir. 

Q. How close to you was this big man who run out 
after you ? A. He might have been live or six yarda 



112 



TRIAL OF THE ASSASSINS AT WASHINGTON. 



from me when I beard him or somebody else halloo 
ou'. "which way;" 1 have not seeu that man since. 

Q. How long was it before you came back to where 
Spangler was standing ? A. It might have been two or 
three minutes. „ , , ^ ^ j 

Q. And he was crying ? A. He looked so; he seemed 

Q What did you sav to him before he spoke to you 
as you have stated? A. 1 did not say anything. 

Q Wcrevou at supper with Spangler on the night 
before the "assassination? A. Yes sir; we boarded to- 
gether 

Kobert Martin, a witness for the defense, being 
called, stated that he was mistaken in that portion ol 
iiis testimony of yesterday referring to the visit of 
the prisoner, Ur. Samuel A. Mudd. to his house on 
the 4th of April. It was Jerret Mudd. not the prisoner, 
who visited him, and the dale was Utli instead ot 4ih 
of April. The wilnesslurther stated that the inisoncr, 
in cumiiany witli Jerrc-tt Mudd. called uu hini while he 
was in market in Wasliingtuu on the 2.th of December 
last, and that he saw the prisoner again on the u'.d of 
March, in company with Mr. Lewellyn, the occasion 
of these gentlemen stopping over night at his house, 
and that he did not recollect seeing him on any other 
occasicn. , , ^ . ,, , 

Jerrv Uver, a witness for the defense, being recalled, 
stated'that hehad never gone into \'ii-ginia. He in- 
tended to sav that he had not crossed the Potomac 
since ISiil. but did get to Kiclimond, \'irginia, at that 
time With the partv who had been sieep.'ngintlie pmes. 
By Assistant Judge Advocate Bingiiam— ti. Who 
were the parties whom yon accompanied to riichmond 
at the time of which you speak? A. Ben. Gwynn and 
Andrew Gwynn. ,„ . 

Q. That was after the Kebellion commenced? A. 
Yes sir. .... 

Q Did von see Jefferson Davis while you were in 
Eichmon'd? A. I did. but I never spoke to himiumy 
life; I remained in Richmond only about a week, and 
didnotmeet with any of the officers of the Kebel or- 
ganization there except Taylor, to whom I went to get 
a pass. , ^. , ,„ . T 

a. What business took you to Kichmond? A. I went 
there to avoid arrest. 

Q. You pre:erred to fall into the hands ofthe enemy? 
A. I regretted very much the necessity of going there. 
Q. To what pines do you rei'er in your testimony? A. 
To the pines about Dr. Mucld's house. 
Q. Di I you sleep in the pines at night? A. Yes sir. 
Q. Who led vou? A. Dr. Samuel A. Mudd. 
Mr. Kwiug objected to a further e.xamuiation of this 
witness, as all these facts had already been stated by 
him in his examiuation in chief. . 

General Hunter Inquired whether the witness had 
not sworn that he was a loyal man and had been such 
from the beginhing ot the Rebellion? 
J udee Bingham replied that he so understood. 
Q. Did vou not belong to an association hosule to the 
GovernmVnt of the United States? A. 1 belonged to a 
cavalry company. 

Q. Was it not the purpose of that organization to 
stand by the State of Maryland in any position she 
might take, loval or disloyal? A. That i do not know. 
Q. Did vou not publicly proclaim yourself in favor of 
the secession of Maryland? A. Kot that 1 am aware 
Of; I mav have done it. 

By Mr". ];.wing.— Q. State svhether when you went to 
Virginia you entered into the C'oulederate service. A. 
I did not; I did not go for that purpose. 

Q. Stale whether when you, returned you took the 
oath of allegiance. A. I did. 

Q. State whether you have done any act to aid or en- 
courage the Kebeliion since taking the oath? A. I 
have not, that I am aware of. 

By Mr. Bingham.— Q. When did you take this oath 
ot allegiance? A. In 18G1; I am not positive as to that; 
1 know it was a short time after I returned, 

Q. Who administered the oath ot allegiance? A. 
One of the lieulenanls or caiJtains; I think, down at 
General Hooker's camp. 

Testimony of MaroeHws Gsirdner, 
By Mr. Ewing.— Q. State whether you know the 
prisoner. Dr. Samuel A. Mudd. A. I do. 

Q. State wlietlier he has eversaid anything to you 
about olVering his land lor sale, and, if so, when? A. I 
have heard him, on several occasions, during the past 
two years, slat(> that lif wanted to sell out. 

Q. "Were you at the church in the neighborhood on 
thoSuiiUav"aiter the assassination? A. Vessir. 

Q. W:is tin- fact of the assassination of the President 
then known and talked about at the church? A. Yes 
sir; 1 tiiink it was generally known. 

Q. Stale whether the name of the assassin was gen- 
erally known. A. Itliinknot. 
U. Did you see Dr. Mudd there? A. Yes .sir. 
Q. Stale wl.e. her y^'U heard Dr. Mudd say anything 
as to how lie regar"ded theassaisination. 

Assistant Judge Advocate Bingham objected to the 
question. . , , , ^, . 

Mr. Kwingsaid that he had again brought tins ques- 
tion before the Court lor the pnri)0!i(> of calling their 
nttensioii specially to the character ot the declaration 
which he e.xi'ecteil to prove, that Dr. Mudd spoke of 
the assassination as au atrocious and revolting crime, 



and a terrible calamity to the countrj-; and that he 
spoke of it generally among his neighbors at tne 
church in ihat way. The prisoner was cliarged with a 
concealment of the fact of those two men being at his 
house, which was a concealment extending (.ver Sun- 
day, and his declarations showing his feelings with re- 
ferenre to the crime during the time he was alleged to 
have been acting accessory to it were admissable. 

The objection of the Judge Advocate was sustained, 
and the question was not jjut. 

Mr. liwing then stateii that he had no further exami- 
nation of the witness to make. 

TestiuioJiy of Jos. X. Say lor. 
By Mr. Stone.— Q. Where do you reside? A. In the 
Eii:"lith Klection District of Prince Georges county, 
Maryland. 

Q. State whether you know the general reputation of 
Daniel (j. Thoniius ibr truth and veiaciiy. A. I know 
his general reputation in that respect pretty well, both 
Irom report and observation; it is bad. 

(J. I'roni his general charact rl'nrtruth and veracity 
would you believe him on his oath? A. From my own 
knowledge ofhim I would not, 

!.>. Hovv long have you known Thomas? A. Since 
he was a small boy. 

Q. Did you know his general character for truth and 
veracity beibrethis war? A. I have known him all 
the time; I never heard him spoken of well at any 
time; hisreinitation is that he never tells the truth 
when a lie will answer his jiurjose. 

Cioss-e.xainined by Judge Holt.— Q. Did you ever 
know of Jlr. Thomas speaking lalsely when under 
oath? A. I never knew him to be sworn. 

ti. Did you ever hear it cbarued upon him that he 
swore lalsely? A. I do not know that I ever did. 

(.j. The reputation of which you speak is, that he 
talks idly, extravaganily and nnre'.iaiilv. but that re- 
j utation does not extend to any statements which he 
Would make while under oath. A. 1 never heard that 
he had been charged with swearing I'alsey. 

Q. Is he not reported to be an honest and loyal man 
in his neighborhood? A. Well, lie is sometimes one 
thing, anil semetimes another, just as the p^;ospects of 
either side vary. 

Q. Have you been loyal yourself since the Rebel- 
lion? A. I have. 

Q. Have you constantly desired that the Govern- 
ment should succeed in suppressing the Rebellion? A. 
Ahva.ys. 

In reply to some further questions, the witness said 
that his gi-ound lor suspecting the loyaity of Mr. 
Thomas at particular times, were based upon wiiat 
that person had told others; that personal i.y he was. 
very Irieiidlv with Jlr. Thomas, iheir r-siileiices being 
near each other; that he had never had any jirivate or 
political diUereiices with that geiitlenian, and that the 
reputation of Dr. George Mudd, as a loyal mananda 
snyporter of the Government, was universal in that 
neighborhood. 

TestJESioiiy of \4''8!;s. A. 51[ii«Sd. 
By Mr. Stone.— Q. Do you kuow Dr. S. A. Mudd? A. 
I do. 

Q. How far do you live from him? A. About a mllo 
and a lialf, 

(1. State whether at any time last year you saw a 
Captain White, from Tennessee, or a Dieutenant 
I'eiry, at or about Dr. Samuel Mudd's premises. A. I 
never did. 

Ci. Did you see Andrew or Ben Gywnn or George 
Gwvnu about his inemises at any time last year? A. 
iS'o"sir; 1 have not seen Andrew Gw.\nii since he lelt 
for the Sou h: Mr. George Gwynn I liave seen at our 
church several times since he reairueJ. 

t>. Did you see any person staying out in the woods, 
about Dr. Mudd's, "during Ia~t year? A. I did not: I 
never saw a man there that 1 had heard of as having 
been South, except one; I recollect seeing Mr. Ben 
Gwynnat the Doctor's; Irodeup,and ascerlainedfrom 
him that he Was scouting, or something of that kind; 
that has been quite three years ago; it may have been 
in theliislyearoflhe war; itwas the time i understood 
they were al ter him. 

TestitiioHy of Fraaocis S. W.-ilsh. 
BvMr. Stone— Q. Where do you reside? A. I have 
lived in this citvKinee is;;7. 1 am a druguist. 

U Do you knovv the prisoner Harold? A. Yes, I 
have known him eve© since he was a boy. I hav« 
known him intimately sinceOctober, 1S6:!. 

y. Has he been in your employ. A. He was for nine 

moiUiis, as acierk. . » . -cr^ 

(jf Slate as near as vou can his character? A. Me 

lived in my house; I knew nothim;- oiijectionable in 

his character, lie w.n like most young men li.^lit and 

trifling in some tliinus. but in his moral character I 

saw nothing to (ind fault with. He was temperate in 

his habits and regular in his hours. ^. ,. , 

ij State wtiether he was or was not in his general 

character more of ahoy than a man? A. I think so. 

U State whether or not he was easily influenced or 

persuaded by anv one around him? A. J should think 

he was: more easily than boys or youug men ol his age; 

he was bovish ill many respects. 

By Judge Holt.— U. What dj you suppose to be his 
age? A. About twenty-two years. 



TRIAL OF THE ASSASSINS AT WASHINGTON. 



Interior View of the Court Room Occupied by the 
Military Commission. 



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I' of 



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PRISOIIEBS DOCK 



TABLE 
OF 

PRISONER? 

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COUNSEU 



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TABLE 




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OF 

PRISONERS 


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ICOUNSEL 



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so 
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witness] STASJD 

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TABLE 

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JUDGE 
ADVOCATE 

window! 



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WIMDOW 



Boxes csntaining As- 
sassins' implements. 



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THE piiisoiVEiiS' m:a.iv^cle:9. 




Tlie above is a correct drawing of the manacles used ! hands, as in the old-faehionod shackle, %vhere the 
inconfmingthearmsof the pri^sonecs. The wristlets | clasps aje connected bycliam links, thus eiiectuauy 
are attached to an iron bar, about twelve inches in preventmg the culprit from unlastenins ororeaiong 
length, which prevents the wearer from joining his | then*. 

(8) 



TRIAL OF TOE ASSASSINS AT WASHINGTON. 113 



Testimony of James Nokes. ) 

Bv Mr. Slone.— Q. Where do you residf ? A. I have 
11\ e"d atlhe Navy Yard in this city since is.;7. 

C> !>'> you know the prisoner Harold? A. I have 
known him from his birth, about twenty-two years, 1 
believe. 

6 Have von seen a good deal of him? A. I have 
been intimilto in bi3 family lor about eighteen or nine- 
teen years. „ , , . , 

Q. How large a family? A. Seven or eight; he wa.s 
the only son. , ^ , , i. . ». 

Q. St;ite what Is his general character for boyish- 
ness; wlK-ther he was easily iiersuaded or led aw.iy. A. 
I have al w.iys looked upon him as a ligut, trilling boy, 
of very little reliability. 

Q. Islio or is he n<it easily persuaded by anyone 
around him? A. I should lliink Ijuwiis. 

Q. Mora so than iiie generality of young men of 
his ace? A. Yes .sir, 1 am certain ol that*, 

Q. \\'ould he he especiaUy liable to be led away by 
any one of las'.inaiiDg address? A. I Ijuveneverheaid 
hlni enter into any argument with anyone: all his 
conversation that I have heard has been of alight 
and triUiug character. 

Testimony of William H. Kiellotts. 

By Mr. Stone.— Q. Where do j-ou reside? A. I have 
lived in this City for filteen years. 

Cj. State whether you know the prisoner, Harold, 
well? A. I do. 

Q. Have you known him ail the time? A. Yes; for 
nearlv tlurteeii years. 

Q. State whether you saw him during the month of 
Februurv last? A. I think I did. 

Q. How often? A. I could not say how often; I was 
at home; I live next dour to his fatiier's, and have oc- 
casionally seon him in the j-ard, morning and alter- 
noon; I suppose I saw him nearly every d;iy. 

Q. State whether or not he is of a tiidingrharacter, 
and easily persuaded. A.I believe he is: 1 saw him 
veryolten in boys' company; Isliouid think lie was 
more of a boy than a man; he never associated with 
men at all. 

Testimony of Emma Harold. 

By Mr. .stone.— Q. State whether you are the sister 
of the prisoner, David K. Harold. A. I am. 

(.1. Btate whether he wa.s at home on thel-iIlL of Fe- 
bruary last? A. Yes; X remember it from i!;e fact of 
Benaing a valentine to him, which he received on the 
15th. 

Q. Had yon any talk with him in relation to that va- 
lentine on the 15th? A. No; but my sister had. 

Q. hiale what was the next date you can fix on 
which he was at home? A. The 19th; I remember that 
date by the lact that I brought a pitcher of water up 
stairs; "he met me in thehall, and wanted I shouldgive 
it to him; lie tried to lake itav.ay Irom me; 1 held on 
to it. and it spilled over; that was the Sunday mornLiig 
after St. Valentinesday. 

Q. And you do not remember his being at home be- 
tween these limes? A. He was at home, but I cannot 
fix tne day. 

Testimony of tien. Edward Johnston. 

The Rebel Major-General Edward Johnston was here 
called lothe stand. 

Oen. Howe.— Before this witneps Is sworn I wish to 
submit amotion to the Court. 1 will s:ate the lacts 
upOD which 1 base the motion. It is well known, as it 
is to a great many olHcersof ifte army, that the iier^on 
now on the stand, Kdward Johnston, was educated at 
the National Military Academy, at Government ex- 
pense, and that since that time, lor years, he has 
heldacommission inthearmyoitheUnitedhtati>s. Iti.^ 
well known iu tiie army that it is a condii ion precedent 
toresignin^acommissiontuatanofficershotlidtakean 
oatliolallegianceandtidelitytotheGoverament. In isn 
it bt cam e rnydu ty as an olBcer to lire u non a Rebel party 
ofwhichthis man was a member. That party struck 
down and killed loyal men whowerein ineserviceof 
the Government; since that time it is notorious to all 
the officers of the army that tne man now here intro- 
duced as a witness ha.s openly borne arms against the 
Timted states. e.\cei)t when he has been aj-risoner in 
the hands of the Government; I understand that it is 
proposed he bhall testify before this Com t; he comes 
here as a witness, with his hands red with the biood of 
his loyal countrymen, shot by him or by hisass stants. 
in violation of his solemn oath aj a man and as an 
officer; 1 submit, therefore, to this Court wheiher he 
does not stand in the eye of the law as an incompe- 
tent witness; I regard the otleriug as a witness of a 
man standing in open violation of the obligations of 
an oalli adniinistered to him ai an officer as an insult 
to the Court, and an outrage upon the admini>t ration 
of justice; 1 move that this man, Kdward Johnston, be 
ejected Irom ti.e Court as an incompetent witness. 

General Kkin— I rose to second'the motion. I am 
glad that this question has now been presented to the 
Court. I regard this man as clearly incompetent as a 
witness. In my judgment, of all the men in this coun- 
try, for tho^e w ho have been educated by the Govern- 
ment, nourished by the Government, protected by the 
Government, and who have joined the enemies of the 



ffovetnment, to come into a Court of justice, and espe- 
cially heioreii military coinmiss.ou orucnaraciersiich 
a.s that here assembled, is tne hr-ight of imperil nrnce 
and I trust, the resolution which has been presented 
\y.il be adopted by this commihslun without hesita- 
tion. 

Mr. Aiken— Before the Commission decides upon 
tliemotion of <;< n. Howe it is iiroper for me to s-iy 
thai 1 was nut aware of the lact mat because a per.ion 
had borne arms against the Government It would dis- 
quall.y and render him incompetent as » witnesj 
Tnereiore, I could iiot.of cour.-<e, have intend, d oiiy 
in:-sult in introducing Gen. Johnston as a witness It 
will also be recollected that al least one witness who 
has borne arms against the Govtrnmcnt was intio- 
duced liere by the Juugo Advocate without objection of 
any member of the Court. 

General Ivautz— Q. Does this person appear here as 
a volunteer witness? 

Air. Aiken— He does not. 

The Judge Advocate-(ieneral— I feel bound to say, 
that as arnleol law, before a witness he r-Midered so 
inanions as to b'come ai.-olutelv inuonipetent to tes- 
tily hemu.^t be convict'd by judicial prucHC4!ing,and 
the record of thai proceeding must be iiroUnced as tlie 
ba><isof his inconiiieleiicy; without that condiiicn any 
evidence of hisgui^t only apjilies to hia credibility. 

ThisCourtcan di.^credit niiu us far a-) they please 
npon that ground, but I do not think the law would 
authorize the Court to declare this wilne-s incompe- 
teiit. however unworthy he ni.ay be oi credibility. 

General I,ew Wallace- 1 hope, for the sake of the 
character of this Invesiigalion, and lor the sake of 
public justice, not forthal ofthepcr-,on introduced as 
a witness, but for that of the i)risoners at the bar, now 
on trial, the olhoer making tne motion will with- 
dra^v It. 

General Howe— Upon the statement of the Jud?e 
Advocate-General liial this person U not lechmcaliv 
an incom. etent witness, I withdraw the motion. 

By Mr. Aiken.— U. ^\'hat Is your present siatus fis a 
priMjiierof war? A. 1 am a United States prisoner of 
war, captured alNashviUe, now confined at Fort War- 
ren, ill Boston harbor. 

Q. Were you or were you not an officer In the fo- 
called C'onfederate service, and, it so, of wha: rank? 
A. 1 Wits a Brigadier-General in theConed rate States 
army Irom the year 18 .J up t > tiie date of my capture. 

Q. Did you liave a higher rank than th.at? At X did. 

ti. Areyouacqiiainted witliHenrysteinacker? A. i 
am acquainted with a man who went by that name 
and WHO represented himself to me as Henry Vou 
Steini-ckfg. 

Q. Was ne a member fif your Staff? A. He was not. 

Q. 1, id lie rank as an engineer ollici^r, and receive 
payassiich?, A. H(; did not rank as an olficer, neither 
as an engineer, stafl', or line ollicer. he was a private. 

Q. lo what regiment and company did he belong? 
A. lie belonged to the .Stoiiewall Brigade. Second Vir- 
ginia Infantry,! think; 1 a:a not positiveon that point: 
X do notrememberthe cnuipany. 

Q. \\ as tiie Second Virginia Infantry attached to 
your division? A. It was part of the Stonewall Bri- 
gade, and that was one of the brigades of my division. 

ti. State to tiie Court )iow, wuen.arid under what 
circumstances \^n Steinacker presented himself to 
you. A. In the montli of Mav, ls<>t. aman accostfd 
me in Richmond, in Capitol Square, by my name and 
the rank J bore in the United Siaies Army, as Major 
Johnson; heloid me he tiad servi.d under nie— 

Judge Bingham— What has that to do with it? there 
has been no inquiry made as to his services under 
vou— 

Witness— Well, he met me in Richmond and ap- 

Eliedlur a position in the Engineer Corps, stating that 
e had served un.ier me previously; thai he was a 
Prussian bv birth, and an engineer by education, and 
he would like to gel in the Engineer CoriJs in our ser- 
vice. ^ ,. 

Judge Bingham— You need not tell what he said 

Witness— He applied to get into our service; I had 
no such position to give, a:i'l declined giving it. pnd he 
le:t me: lie called agiiin and madea second apjjlication 
lor the position; I told him I conid not give it to him: I 
wa.s then oraeredoif tj X'lcdericksburg, and iiiai>out 
a week this man appeared there again, and made ap- 
plication lor a position eitn r in the KiiL'ineer Corps Dr 
on my stall'; X tohl him I cmild not give him a position 
in either, but that it he would enlist as a private, from 
his reijresentations of himsilf as an engineer aiida 
draugntsiiian,X would put him on duty In the Engi- 
neer Corps as a private; o;i these conditions he enlisted 
as a private in the Stonewall Brigade. Second Virginia 
Inlanlrv, and I jissigned him to special duty at head- 
quarters; he W.1S to act as draughusman and assist my 
engineer' officer, and he bo continued to act till X was 
told he had left. , ^ .. . 

Q. Was he subjected to court-martial at that time? 

Question objected to by Judge Bingham, on the 
ground that records of courts-man:al must be pro- 
duced, and he did not think there wire an vcourtsdown 
in Virginia in thesedays thalcoiild try at all. 

Mr. Aiken stated that, as und.-r the circumstances 
the records of the court could not be produced, parole 
evidence could be admitted, and he presumed the 
question was not seriously objected to. 



J 



11-1 



TRIAL OF THE ASSASSINS AT WASHIXGTOX. 



The objection was sustained by the Court. I 

Q Wliere in Virginiii was your encanipnoent after , 
the' battle Of Gettysburg? A. Near Orange Court 

Q Do vou know or not of a meeting of the officers of 
that Brrnafle;itihecanii>of llie.Siconil\ uginia Ke;;!- 
ment? A. I know nothing of it, and never heard any- 
thing of the kind. 

Q Did vou ever learn the fact that a secret meeting 
was lu'ld"there at that time? A. I never heard of any 
such secret meeting. , . x» «• 

Q Did vou ever at any meeting of theotflcers of your 
division liear jiluns d?-oussed lur the assassination of 
the President of the United States? A. 1 never lieard 
any plans discussed in any meeting ot t. e olhcers nor 
did lever hear the assassination of tlie President 
alluded to by any individuals in my division. 

Q. Are you acquaiiued with J.AViikes Booth, the 
a'lor? A. I am not: I nevers^aw him. 

Q. Look at that picture (Booth's) and see if you 
ever saw the man? A. Never, to my knowledge; 1 
did not know, in tact, there was such a man until 
alter the assassination of President Lincoln. 

I >. Have vou a personal knowledge ot the lact of 
Lieutenant David CockeriU losing a horse? 

Judi-'e Bingliam-I object. We do not propose the 
question of hor.se stealing here, it- is not lu the issue. 

Mr. Aiken— the charge was made in tlie paper pre- 
sented that Von riteinecker had been guilty ot horse 
stealing, and I understood we were to be permitted 
to prove anv allegations in that paper. 

Colonel Burnett— Anything that is legitimate and 
competent to be proved. We d.d not go lurther. 
The objection was sustained hy the Court. 
Q. DidyoLi everleani anything while at the South of 
a secret association by the name of Tlie Knights of 
the Golden Circle." or -Sons of Liberty?" A. 1 never 
belonged to any such association myself, and never 
knew anv one who was reported to belong to them, 
and never knew anythingor them. , ., „ 

Q. While in Richmond have you heard it freely 
spoken ot in the street and among your acquaintaiices 
that the assassination of the President of tl.eLnited 
States was a desirable result to be accomplished? A. I 
never heard it spoken ot asadesirable object tobe ac- 
complished; in lact, as I said before. I never heard any 
officer or person allude to the assassination ot the 
Presdent as desir ible. to thebest of myrecoUection. 

(I Wa; "\'ou Steinecker a member of (ien. B'enfcer's 
stallT" A. Kotthatlkuow o.; he told me that he was. 
Q. Did he state to you that he was a 
deserter from our service? A. He stated to me that 
he had deserted or attempted to desert, and was ap- 
prehended. _. , ^ -rr 

Cross-examined by Judge Bingham.— Q. Have you 
ever been iu the service of the United Stales? A. I 

Q. Were you educated at the United States Military 
Academy? "a. Yes sir. „ ^, 

Q. How long had you been in the army of the 
United States? A. I graduated in 1S:>S. 

Q. And liad been in our army down to the breaking 
out of the Kehellion? A. Yes sir. 

Q. What was your rank in the army at that time? 
A. Captain and Brevet Major of the Sixth United 
States Jniantry. €> . . ,,. t- .» ^ 

Q. State how vou got out of the service of the United 
States. A. I tendered my resignation, which was ac- 
cepted. ^. ^ „ 

a. Tendered it to whom? A. To the Adjutant Gene- 
ral of the United States; I tendered it in May, 1^61; it 
was not accepted for three or four weeks; I received 
the acceptance oimv resii;nation in June loUowing. 

t^. Did you then ehtir into the Rebel service. A. I 
went to my home in Virginia, where 1 retnained a lew 
weeks; I then entered the Confederate States' service, 
and have been ill it ever since. 

Q. What was the final rank held by you mthat army. 
A. Major-Geueru!. 

II. Were you a INlajor-General in 186;;? A. I was for a 
part (f)sc3; I think my rank as Major-General com- 
menced iu February of that year. 

Te$itimony of Sirs. Mary E. Jenkins. 

Kxamined by Mr. Stonc.-Q. State whether you 
know David E.Haroln. A. Yes, I know him. 

Q Can voU state whether he was or was not in 
Washiiigtou on the istli of last February? A. He was 
at my house on the isth and received my rent; I have 
his receipt to show. 

'i'cstimony of Mrs. Potts. 

Examined by Jlr. Stone.— Ci. State whether you 
know one of tiie accused, David E. Harold. A. Yes. 

• i. State to the Court whether he was or was not in 
Washington on the'juth ot February last. A. 1 cannot 
state whether he was or was not; he came to my house 
on the tilth, and 1 told him 1 woud send the iiiouev to 
llio house, which 1 did; I did not see him the ne.\tday; 
ho used tocoiue to mv liouse, and when I would not bo 
prepared to see liim I would tell him 1 would send the 
money to his house; bis receipt was dated the:,;uthol 
l''ebruary. 

Testimony of the Rebel Major H. K. 
lioug^lass. 

Examined by Mr. Aiken.— Q. State to the Court 



whether you ever held a commission in the so-called 
Con'ederate service? A. I have, several; my last com- 
mission was that of Major and A. A. G.; 1 served as 
such on the stalV of si.x general oflicers. and among 
others on that of Major-Cieneral Edward .lohnstoii. 

Q Are you aciiuainied with Henry Von Steiiiacker? 
A. I know a man by the name of Von Steinacker; 1 do 
not know what his hist name is. 

Q. W;is he or not a ]'ri vaie in your service; and if so, 
in what regiment? A. He was in the Second Virginia 
Infantry, stonewall Brigade. 

Q. Did he receive the pay, bounty and allowances of 
a private? A. 1 don't know. 

U. Do j'ou recollect, after the return of yotir 
army from Gettysburir. where it was encamped. A.I 
was wiiuiidedat Gettysburg, and left in the hands of 
the eneinx ; 1 was a prisoner lor nine months. 

Q. When you returned to camp did you meet Von 
Steinacer again? A. I do not remeaibor seeing him 
again. I got a letter from him immediately after I 
returned to cam]). 

Q. Do you know of any secret meetings ever being 
held in your camp, at which the assassination of Presi- 
dent Lincoln was discussed? A. No 1 do not. 

Q. Were you acquainted with J. Wilkes Booth, the 
actor? A. No. 

By the Court.— Q. W^ere you ever in the United States 
service? A. I was not; with the permission of the 
Court I would like to make a statement. General 
Howe, "I object to the pi-ismirr making any state- 
ment." General Foster, "I hope the witness will be 
allowed to make bis statement." The President, "If 
no further objection is made the witness will proceed 
With his statement. 

Witness, "X just wish to say to the Court, unrtersiand- 
ing that evidence has been given by which implication 
has been ca-st on the 'Stonewall Brigade," that as a 
man who has held positions iu that brigade as private, 
and line and statf ofliier, I think their integrity as 
men, equal lo their rei'utaiion for gallantry as soldiers, 
would torbid them to be employed as nigh: assassius or 
President Lincoln. In their behalf I only wish to say 
that I do not believe they knew anything about or in 
tlie least sympathized in any such unrighteous or un- 
soldieriy action." 

Testimony of Oscar Henriclts. 

Examined by Mr. Aiken— Q. Have j-ou been in the 
serviceof tiieso-called Coiil'ederaieStates. A. 1 have 
as engineer ofhcer at one time on the staff ot Cieueral 
Edward Johnston, and at others that of different Gen- 
eral officers. 

Q. State whether you are acquainted with Henry 
Von Steinacker? A. 1 am. 

tj. When and under what circumstances did that 
commence? A.He was detailed by nie tis draughts- 
man immediaiely after General Johnston took com- 
mand. ^ , . 

14. Was he employed as such? A. I employed him 
as such. „ „ . 

Q. Did he ever have the rank or pay of an Engineer , 
officer? A. lie did not. 

Q. Are you acquainted with J. 'Wilkes Booth, the 
actor? A. 1 am not. 

Q. Did you ever see a person calling himself by that 
name iu camp? A. No sir. 

ti. Do vou know of any secret meet mgs of officers 
ever taking place in vour camp, i.l whicn the assassi- 
nation of President Lincoln was discussed? A. None 
ever did take place. , ^ ,, „^ . 

Q. Did vouev^r learmthe fact that \ on Steinacker 
was a nie'mberoftieneral Blenker's Stall? 

Question objected to by Judge Bingham, and with- 

Q. Did vou ever learn the fact of his deserting the 
service oi'the United states? 

Question, objected to by Judge Bingham, and with- 
drawn. _ , ^ , . 

Q Do you know that fact? A.I do not, only from 
his statements a lid acknowledgments on several oc- 
casions to me. . „ ^ . .. <• 

Q Have vou ever heard of or been cognizant ot a 
secret treasbaahle socieiv, for the purpose oi'tne assas- 
sination of the President of the United States? A. I 
aiu not cognisant of any, nur have I ever heard of 

Q Were any members of your staff or yourself 
members of an organization known as Knights oi; t he 
Goiaen Circe or Sons of Liberiy. A. So far as 1 ani 
concerned 1 never have been, nor do I know ot any ot 
the others having been. ,..„.,_ j 

Q. Have you heard declarations made in Eichmond 
to the etiect that President Lincoln ought to be assas- 
sinated? A. I have nut. 

^ Testimony of Thomas C. Nott. 
Examined bv Mr. Aiken-Q. Where do you reside and 
what is y>.ur occupation ? A. I reside in Prince George 
county, and have been tending bar at Mrs. Surratt s 
place for Mr. Floj'd. , , .... -, ., 

Q. Did you see Mr. Floyd on the I4th of last April? 
A. Yes sir, I saw him iu the morning of that day. and 
also just beiire sunset. . , . „ . -rr 

ij What was his condition at that time? A. He was 
nreltv tight when 1 saw him; he was going around to 
the kitchen iu a buggy; he had been to Marlboro , and 



TRIAL OF THE ASSASSINS AT WASHINGTON. 115 



was carrying round there some fish and oysters: I did 
notseeliim when ho came b;iol£. and Hi e next I saw of 
him lie vvus fixing a bugijy Mrs. Sirrratt wiis in. 

Q. Had he been ior weeks betbre drinking a good 
deal? A. Yes. he had been tight pretty nearly every 
tJay and niglu too. 

Q. Ijid ne really have the appearance of an insane 
man? A. lie did at tmios. 

Croas-e.xamiiifcd by Judge Bingham.— Q Did you see 
blm tie the buggy ot Mrs. ^^nr^att? A. ^\ illi assistuDce 
be did: 1 do noi know whether Mr, Floyd. Mr. Weich- 
ruau or Captain (_;\vynii tied it; they were all lliere; I 
was not present at the buggy; I saw them fixing it. and 
that is all I saw; I was across the street, returning from 
the stable. 

Q. And do you know how tight a man is by looking 
across the street? A. No; I wa,s with him aiur that, 
nearly all ni.uht. 

By Mr. Clampitt — Q. Do or do you not know whether 
Mr." Floyd attended Court at Marlboro' that day ? A. 
He did. 

Q. Where did you first see him that afternoon? A, 
Driving around tne kitchen; he came round to thelront 
of the house while Mrs. Surratt was there. 

Q. Did .you hear any convei-sation that took place 
between Mr. Floyd and Mrs. Surratt? A. I di<l nut. 

ti. How close were you to the buggy? A. Probably 
fifteen or twenty yards off. 

By Judge Bingham. —Q. What Captain Gwynn was 
that who was at Mrs. burratt's buggy? A. Captaiu 
Ben. Gwynn. 

Q. Upon reflection do you not recollect that he had 
gone be ore Mrs. Surratt came? A.I do not recollect 
i^nything of the kind. 

Testimony of J. X. Jenltins. 

E.xamined by Mr. Aiken.— Q. Where do you reside? 
A. inPrinceOeorpecouniy. 

Q. Were you or were 5'ou not at Surrattsville on the 
14tb of April last? A. I was. 

Q. Are you acquainted with Lewis J. Weichman? 
A. Yes. 

Q. Were you at Surrattsville at the time he drove up 
to the house with Mrs. Surratt? A. Yes. 

Q. Did Mrs. Surratt or not at that time show you a 
letter? A. She did, from George Calvert. 

Q. Did she show you any other papers? A. She 
showed two judgmeuls obtained by Charles B. Calvert 
in the Circuit Court of our county, against Mr. Surratt. 

Q. Do you know, of your own knowledge, wlictlier 
that business brought Mrs. Surratt to Surrattsville 
that day? A. I only know she showed me this letter 
and judgments. 

Q. Did you transact any business for Mrs. Surratt 
that alternoon? A. I made the interest out on the 
judgments. 

Q. Did she express to you during her entire stay at 
Surattsville that dav any wish or desire to see John M. 
FJoyd? A. She did not. 

Q. Were you at the place when Mr. Flovd drove up? 
A. Yes. 

Q. What was his condition at that time? A. He was 
very much intoxicated. 

Q. Was Mrs. Surratt tipon the point of going away 
when Floyd drove up? A. Yes: she bad been ready to 
Start for some time before Floyd drove up; she "had 
business with Captain Gwynn, and when he came she 
went back and stopoed. 

Q. At what time did you leave? A. About sundown, 
I judge. 

Q. Have you, during the last year or two, been on 
terms ot intuiiacy with Mrs. Surratt? A. Yes sir. 

Q. Have you, in all your intercourse with her, heard 
her breathe a word of disloyalty to the Government? 
A. iSTot to m.v knowledge. 

Q. Have you at any time ever heard her make an.v 
remark or remarks showing her to have a knowledge 
of any jilan or conspiracy to a-,sa,ssinate tlie President, 
orany memberof theGovernment? A. Kosir.. 

Q. Have you ever heard her mention at any time 
any plan lor the capture of the President? A. I have 
not. 

Q, Have you been frequently at the house of Mrs. 
Surralt when Union troops were passing? A. Yes sir. 

Q. From you* personal knowledge of the tran.sac- 
tions that occurred then and there, can you state 
whether or not she was in the habit of giving them 
inilk,tea. and such other nourishment as she had in the 
house? A. Yes, frequently. 

Q. Was she in the habit of receiving pay for it? A 
Sometimes she did and sometimes she did not. 

Q. Do you recollect on or about the time of a large 
number of horses escaping from Giesboro' whether or 
not any of them were taken up and kejJt on her 
premises? A. Some of them, I disremember how 
many. 

Q. Were these horses fed and kept by her or not? A. 
Yes. 

Q. Were they all given up? A. Every one. 

Q. Do you know whether she took a receipt for 
them? A. She received a receipt, but never got any 
pay. 

Q,. Can you state whether you ever knew Mrs. Sur- 
ratt to commit any overt act of any description against 
theGovernment? A. I never did. 

Q. Was it not Mrs. Surratt's constant habit to ex- 



press warm s.vmpathy for the sick and wounded of our 
aim> A. i do nut remember ever hearing her say 
anything about that. "i.» o«..y 

C>. ]>o you know of a defective cvesight on her purf 
A. Ihaveheeii iiresentwhen she would l.eunabkno 
read or sew by gaslight; this ha.s been the fact for 
several years. 

Q. Do you recollect on any occasion of her failing to 
recognize immediately Iriends wuo were near her? A. 
1 do not recollect any. 

Q. Do you not recollect that on one occasion Mrs. 
Surratt gave the last ham she had to Union soldiers? 
A. X do not. 

Q Do you know of a person by the name ot A. S. 
Hovveii? A. ^ es, 1 have seen him; he stopped at the 
hotel. 1 think twice. 

By Mr. Clampii.— Q. Did yon or not. meet Mrs. Sur- 
ratt on the Tuesday preceding llie assiissination? A. I 
can t say on 'luei<ila\ ; it was a, lew days t)clore 

ij. When you met her did nut you ask lor Ilie news, 
and did uotshestateiii reply that our army had cap- 
lured (General I,ce'sarmv? 

The question was objected to by Colonel Burnett, as 
irrelevant. 

Mr. Chimpit said he desired toshow that the prisoner 
at that time, e.xhibited a loyal feeling in i he matter. 

Coluni-1 Burnett replied that the onlv legiiimate 
means ot proving loyalty were to prove hei reputation 
lorandacisof lo.valty; these could not be proved by 
her declarations. 

Mr. C lauiplt replied that as the Government had en- 
deavored to prove the disltivally of the accusrd. ho 
thoiightit Wiiscumpetontto prove her lovallv. but he 
wouhl nevertheless vary his quesiiun, and tisic the wit- 
ness what was the reputation of Mrs. Surratt for loy- 
alty? A. Very good. 

Q. You have never heard her express any disloyal 
sentiment? A. Kosir. 

Cross-examined by Colonel Burnett. 

Q. What relation are you to the prisoner, Mrs. Sur- 
ratt? A. She is m.v sister. 

Q. Where did you reside while she was living at 
Surrattville? A. About a mile and a half this side, 
and 1 have been resid'ng tlieresince. 

Q. Are yuu now under arrest? A. I am. I was ar- 
rested and brought liere last Thursday week. 

Q. Where were yuu on the evening of thedaypre- 
vii>us to your arrest? A. At Lloyd's Ifutel. 

Q. Did you meet at that place Mr. Colteuback? 
A, Yes. 

Q. Did you have any conversation with him at that 
time in reierence to tiiis trial? A. Yes, sir, we were 
talking about the trial. 

Q. lUd you meet a,nian by the name of Cottingham 
there? A. Yes. I went there witli him. 

Q. At the lime you met Coltenbaek. what was said 
about the trial in relerenceto the witnesses suininoned 
against Mrs. Surratt? A. I think I told him I would 
look at the paper and see. 

Q. Anvthing else? A. Not that I know of; I might 
have told him that my sister found his lamily. 

Q. What relevanc.v" had that totlie conversation? 
A. I disremember how tne conversation cmnuienced. 

Q. Did you at that time and place say to Mr. Colten- 
baek that if he, or any one like him. undertook to tes- 
tily against your sister, you would scethatthey were 
got ouj; of the way ? A. I did not say anything of the 
kind. 

y. Did yon say you would send an.v man to hell who 
testified against your sister? .'V. 1 d;(l not. 

Q. ])id ycu use anv threats au'ainst him if he a|>- 
peared as a witness against your sister? A. No, noth- 
ing like that. 

Q. Slate what you did say on that subject? A. I told 
him I understood he was a witness, and he wa.s to be a 
strong witness against my sister, and I told him he 
ought to he as she had raised his family. 

Q,. Did you call him a liar? A. I disremember. 

Q. Wasthere an.v anger e.xhibited in thai conversa- 
tion? A. I did nut mean iMf there was. 

Q.. Did you have any talk about John Surratt liAving 
returned"liom Bichniond? A. Not to my knowledge. 

Q. Did you talk about John U. Siiriatt'a going to 
Richmond or mention anything about a paper showed 
you that he had been to Kichmond? A. No, I never 
mentioned John Surratt's name. 

Q. Did you see the letter found by Mr. CoUenbach ia 
the bar? "A. I did not. 

Q. How did yon learn that Mr. CoUenbach was to be 
a witness? A." He told me himself. 

Q. When did you come in that evening? A. I think 
about ten o'clock: I went in with Mr. Cottingham. 

U- Did you or did you not use any threat against 
Mr. CoUenbach? A. Not to my knowledge. 

Q. Wouldn't you know it if .vou had? A. I think T 
ought to: I do not think I diil use any, only in refe- 
rence to the public press; I told him 1 would look at 
his statement. 

Q. And if you found in the public press that he had 
testified against your sister what did you saj-? A. I do 
nut recollect. 

Q. On the evening of the Hth. when you saw Mr. 
Flovrt and Mrs. Surratt and (iwynii. hov.' long had 
you been at Floyd's house? A. I judge it was about lw<i 



116 



TRIAL 'of the assassins AT WASHINGTON. 



o'clock when I got there, aud I stayed till about sun- 
down, or a little a''ter. J . .V. . 

Q. Uuw many persona dul you ?e9 there during that 
time? A. Isupposeirom ten tofiiteen. 

Q. D:d Gwynn leave before Mrs. Surratt did? A. I 
think Ufdid." 

Q. Do yoa recollect whether he saw Mrs. Surratt on 
that or-casioii or not? A. He dirt see her iu the parlor; 
1 went ill at the door as he spoke I o her. ^ ^. , 

Ci Who was in tliere? A. Mr. Weichman, I think. 

Q. Did you see Gwvnn come out? A. I do not recol- 
lect that I did see liim when he leit the house and 
went home. . . ^ ^. j 

Q Ddyou hear the conversation between him and 
Mrs. Surratt? A. No, I did not go into the iiarlor while 
they were conversing. 

Q. Yfu have been asked here as to Sirs. Surratt s 
loyalt/? What has been your attitude towards the 
Govornmeut during ihis war? A. Periectly loyal, I 
think. A, 

Q. How did vou stand when the question ofthe seces- 
sion ot Jlarvliiiid wr.s under discussion ? A. I sjient 
$.•5000 to hold her in the Inion. and everybody in that 
neigbborhood will testify. . 

Q. Havevini never taken part inany wayaeainst the 
Government during tlie entire w;ir? A. Ne%'er by act. 
word, pid or sympathy with the Rebels. 

BvMr. Aiken.— Q. State if you know for what you 
are 'under arrest? A. I do not. . . ,, j~, ^ 

O State i f vou had ;iny conversation with Mr. t ot- 
tlngham about a s,;ooo reward? A. Our Commissioners 
had ollered 5:3001) reward to nny party who would give 
inlormation on t!ie subject of the assassination; he 
claimed it for tne arrest of John M. Floyd, and asked 
me if I wruld see the Commissioners and ascertain 
whether he wouldget it or not. 

Q. When vou stated to Col lenback that he ought to 
be a stirring witness a-j-ainst your sister, because she 
had brought up his children, did you mean it. or did 
you speak ironicallv? A. I did not mean it at all. 

O. Is it a fact that Mrs. Surratt did rear that family? 
A. Partially so. 

Testimony of Anna E. Snrratt. 

Q. State vour full name. A. Anna E. Surratt. 

Q. Are you under arrest at the present time? A. Yes 

d. When were you arrested? A. On the 17th of April. 

Q. Are you act^uainted with Atzeroth? A. I have 
met him .several times. 

O. Where? A. At our bouse in Washington city. 

Q. Wh(Mi did he first come there? A. Sometime 
after Christmas; I think It was in February. 

Q. How long did he remain there then? A. He did 
not stay over night, to my knowledge; he used to call 
soraetimes now and tuen. 

Q. Can you state from your own knowledge whether 
or not Atzeroth was given to understand that he was 
not wanted at the house? A. Yes. sir; mamma said 
she dirt not care to havestrangers there. but we treated 
him with politeness, as we did every one who came to 
thehfiuse. „ „ . ^ 

Q. Do you or do you not know of frequont instances 
in which Mrs. Surratt lailed to recognize her friends? 

Q, Is she able to read or sew by gaslight? A. No sir. 

O. Have you not olten plaguerl her about wearing 
spectacles? A. I told her she was too young-looking 
to get spectacles yet, and shesaidshe could uotseeto 
read or sew without them of dark mornings: she could 
read some, but she seldom sewed of a dark day. 

Q. Do vou know Lewi^ J. Weichman? A. Yes. 

Q. Was he a boarder at your muther's house? A. 
Yes sir. 

Q. How was he treated there? A. Too kindly. 

Q. Was it or not your mother's habit to sit up and 
wait for him when he was out late? A. Yes; just as 
she would wait for ray brother; Weichman engaged a 
room for Atzeroth: when became Weichman aud he 
used to make jirivate signs to each other. 

Q. Did you refer to Atzerotli or I'ayne ? A. To 
Atxeroth. 

Q. At what time did Payne first come to your 
house? A. He came one night after dark, and left 
early the next morning. 

Q. How long was that before the ass.assination? A. 
It was after Chris'mas, not very long after. 

(^ Hownianvliaie-did become there? A. He stayed 
one night when he first came and we did not see him 
again for some weeks: it was Weichman who went to 
the door, and it was Weichman who brought Payne in 
tlH-re; I went down stairs and told mamma he was 
there, and shesaid she did not understand and did not 
like strangers coming to the house, but to treat him 
politelv assbehad been in the habit ol tre:iting every 
onewhocame: he called two or three times nfler that. 

Ci. Did he ask for accommodations for the night? A. 
Yes sir; and he said he would leave the next morning, 
and I believe he did. 

(i. Were you acquainted with Booth? A. Yes sir, I 
have in'>t him. 

'i. Wl'.eii was he last at your house? A. OntheMon- 
d;.v bolore the assassination. 

Q. Did your mother go to Surrattsville about that 

time ' Yes mr. on Friday, the day ofthe assassination. 

Q. Do you know wiielher or not th" carriage was ut 



the door ready to go when Booth came? A. Yes, I 
think he came and found her about to go: she had 
been speaking about going a day or two be ore that on 
a matter of business, and she said she was obliged to 
go. 

Q. How long did Booth remain? A. Not over a few 
minutes: he nevers:ayed long when he came. 

Q. Do you reci'gnize that picture as ever belonging 
to you? (The picture known iu this record as ".Spring, 
isumnier, and Autumn" was shown to tlie witness.) 
A. Yes sir, it was mine; it was given to me by Mr. 
Weichman. 

Q. Was there any other picture in this frame ? A. I 
put one of Booths behind it. I went to a gallery with 
Miss Ward, and while we were there wo saw some of 
Booth's^ml as we know him; we got some of them, 
but mj'wCthertold me that Ue would take them away 
from me and so had them. 

Q. Did you own any photographs of Davis and Ste- 
phens? A. Yes sir. and Genei-al Lee and General 
Beauregard and a few others; I don't remember them 
all. 

Q. Where did you get them? A. Father gave them 
to me belore his death, aud I prized them very highly 
onhis account. 

(J. Did you have no photographs of Union Generals? 
A. Yes sir; of General McClellan. General Grant aud 
Joe Hooker. 

Q. Do yo 1 recollect the last time you saw your bro- 
ther? A. Yes sir. 

(J. How long was that before the assassination? A. 
On the Monday bel'oreit was two weeks. 
Q. Have you seen him since? A. No sir. 
Q. Was he and your brother on frieud'y terms? A.I 
never asked him; he used to call to see him some-/ 
times: one day I know he said Booth was crazy, an'fl 
he wished he would not come there. 
Q. Where was your brother in 1S6J? A. At college. 
Q. Whatcollege? A. St. Charles College. 
Q. Was he a student there at that time? A. Yes sin 
but not of divinity. 

cj. How long was your brother at that college? A. 
For three years; but he spent his vacations at home in 
Angust. ■ 

U. Miss Surratt, did you at your mother's house, at 

any time, on any occasion, ever hear a word breathed 

I as to any plot, or plan, or conspiracy in existence to 

j assassinate the President ofthe United States? A. No 

sir. 

Q. Did you ever hear any remarks made with refer- 
ence to the assass'narion of any member of the Go- 
vernment? A. No sir. 

Q. Did you ever hear it discussed by any member of 
the family to capture the President of the United States? 
A. No sir, I did not; where is mamma? 

By Mr. Ewing— Q. What year did your brother leave 
college? A. In 1S81 or 1SG2; the year my father died; 
{sotio voce) where is mamma? 

Q. What year were you in school at Bryantown? A. 
From 18.54 to Ism: the IGth of July was the day I left. 

Q. Did you ever see Dr. Mudd at your mother's 
house at Washington? A. No sir. 

Tlie girl here kept nervously glancing towards the 
dock, and tapping thestand with herfoot impatiently. 
The counsel, Mr. Kwing, with an evident desire tv 
keep her occupietT till the usher came to lead her 
through the crowd to the witness room, said to her:— 
Is-Surratt^viile ou the road between Washinston and 
Brvantown? 

Bv this time the usher had arrived, and the Court 
tolci her that she could go. As she arose she answered 
the question in the ullirmatlve, adding, iu a quick, 
sharp voice, "Where is mamma?" 

Mr. Aiken came forward, and, telling her that she 
would soon see her mamma, led her on into the ante- 
room adjoining ci>urt. 

As JlissSunatt was leaving the stand a member of 
the Court handed her a small white pocket handker- 
chief, which She had dropped; she snatched it from 
hitn quickly and rudely, without a word of thanks. No 
cross-e.xamination wi\s had of this witness, and when, 
with rcportorial curiosity, we asked the reasons why, 
the most technical and dry of the judges advocate 
simplv told us it would h.ave been cruel, the girl hav- 
ing a greater load of sorrow upon her than *she couid 
bear. 

Testimony of I^emons. 

Q. State whether yon know Atzeroth. A. I do sir. 

Q. ilow long have you known him? A. Since he 
was a boy. 

Q. Were you at the house of Hezekiah Mentz on the 
Sundnvafter the assassination? A. I was sir. 

Q. Did you S'e the prisoner there? A. Yes sir. 

(i. Did you have any conversation with him. A. Yes 
sir. 

Q. State what the conversation was. A. I met Atze- 
roth at Mentz's between u and 12 o'clock on the Sab- 
bath after this allair had occurred, and when first I ai>- 
proached INI r. Atzeroth I said, are you the man that 
killed Abe Lincoln? and savs he, yes; and then we 
both laughed; wo was joking: well, says I, Andrew, I 
want to know the truth, is it so that the President is 
killed? there was a great excitement in the ne^^ghbor- 
hoo 1 u'.'A I wanted to know: ho said, it is so, and that 
he diedpu Saturday at 3 o'clock; I went ou to ask him 



TRIAL OF THE ASSASSINS AT WASHmOTON. 



IIY 



if it was so about the Seward's; about tlie old man 
having bis throat cut; he said yes; that Seward was 
stabbed, or rather cut at, but not killed: I asked him 
Whether it was correct about Mr. Grant; lie said he 
did'nt know whether it was so or not, and we went to 
dinner, and at tho dinner table my biotber asked 
him if Mr. Grant was killed, and he said hedidnl 
suppose he was, and said if it bad been done it was 
probably by sonionian who got into the same train or 
car that he aid; 1 was not in his company over a half 
an hour. 

Q. Did you hear him say that if the man who was 
to follow Grant had followed him he would have been 
killed? A. No, he said if Mr. Grant was to have been 
killed it must have been by a man who got into the 
same car or into the same train of the two. 

tj. Wasorivas not theprisoner during that day very 
much exciiea? A. Well, he was confused or appeared 
80 at the dinner table, and there was something be- 
tween the youni,' lady and him that he had been pay- 
ing his attentions to. 

■Q. Was he paying his addresses to the daughter of 
Mr. Mentz? A." Yes sir. he had been. 

Q, Was she or not throwing him the cold shoulder 
that day? A. Yes sir. it appeared so. 

Q. And he was down in the mouth about it, w^ he? 
A. Y'es sir. 

Q. Were you with the prisoner all the time he was 
gpeaking with Mentz that day? A. No sir. 

Q. He could not at the dinner table make any re- 
mark without your hearing? A. No sir. 

By Colonel Burnett.— Q. Did you have any other talk 
With Atzerotii that day? A. No sir. 

Q. Didn't you walk down with him to the stable? A. 
No sir, that was my brother. 

Testimony of Mr. I^emons, (Brotber of tbe 
Forcg'Oing: Witness.) 

Q. Do you know Atzeroth? A. Tes sir. 

Q. How long have you known himT A. Some 
eighteen months or two years. 

Q. Were yon at the house of Mr. Mentz on the Sun- 
flay after the assassination? A. Yes sir. 

Q. Did you have any conversation with the prisoner 
then? A. Ia.sked him about Mr Grant, Mr. General 
Grant, and asked him if it was so or not; ho said he 
flid'nt suppose it was, and then he said, if it is so some 
one must have got into the same train of cars he did; 
When me and him were in the j'ard, after that, he 
Baid. what a lot of trouble I see; I said, what have you 
to trouble you? he said, more than I shall ever get 
Bhed of; that was about all that he said. 

Testimony of Mr. KIcAIisteiSk 

Q. Do you know Atzeroth? A. Y'es sir. 

Q. How many years have you known him? A. Only 
^nce March last. 

Q. State whether or not, on the 14th day of March, he 
called at your house and took a drink. A. Y'es sir; 
about ten o'clock; I don't know the exact time. 

Q. Did you notice whether he was excited or not? A. 
Idid not, 

Q. What do you know about his being a coward or a 
brave man? A. I have heard men say that he wouid 
not resent an insult. 

Testimony of VP. W. Brlsco. 

Q. How long have vou knowm Atzeroth? A. Six or 
seveuyears , at Port Tobacco. 

Q. What is his reputation for bravery? A. He was 
ftlways considered a man of not much courage. 

Testimony of James Keller. 

Q. State whether you are the proprietor of the live- 
ry stable on E street, near the corner of Eighth. A. 
Yes sir. one of them. 

Q. State whether or not yon let Atzeroth have a 
horse on the 14th of April, out of your stable? A. Y'es, 
» small bay mare, fourteen and a half hands high; be 
got the horse about half-past three o'clock. 

Q. Did the prisoner write his name on the slate? A. 
He did, sir, but my partner rubbed oil' the contents of 
the slate a few days after. 

Q,. Did he write it in a small or large hand? A. In a 
tolerable hand. 

Q. Did he hesitate to put his name down? A. No sir, 

Q. Did you require any reference? A. Yes sir. 

Q. Did he give you any? A. Y'es sir. 

Q. Who did he give you? A. A number of persons in 
Maryland, and some at Port Tobacco. 

CJ. Any names in Washington? A. Yes sis. 

Q. Who? A. John Cook was one. 

Q. Where does Mr. Cook live? A. Eight opposite 
me. 

Q. Did you go there and Inqaire after Atzeroth 7 A. 
Yes sir. 

Q. When wa-s that horse returned? A. I can't say; I 
Aid not stay till he returned. 

Q. Did he pay lor the horse? A. Yes sir he paid me 
five dollars. 

Testimony of Samnel Smitti. 

Q. Are you stable-bov at Keller's stable? A. Yes 
Blr. 
Q. Did you ever see the prisoner before ? A. No sir. 



Q. Were you in the stables on the night of the Mth of 

April.' A. iessir. ..- «. 

U. Did the bay mare come in that night? A. Yea 

».^;.oY'^^',"'i"®' -*■•. '^° **"« ''^st of my knowledge, 
eleven o clock; we have a clock there, but It Isu'i 

Q. Whatcondition was the mare In ? A. Pretty much 

as she was when she went out. »"">-" 

Q. Did she look as il she had been ridden hard? A. 

A H: }^ '^^ '^*^'"® "° ''0*'" "n her? A. No sir. fMr. Mo 
AUister was here recalled, and having testified that he 
had seen a pistol and a dirk knife in the possession of 
Atzeroth, and that he had kept the same for him one 
day, he was shown the knife and pistol said to liava 
been found in the alleged coat of Atzeroth, but declares 
himsell unable to positively ideutily either. Theuistol 
he knew was not the same.) 

Testimony of Miss Harold. 
Q. Are you the prisoner's sister? A. I am, sir. 
Ihe witness was then shown the coat and the hand- 
kerchietlound in the coat alleged to havt; been taken 
irom Atzeroth's room, but she could not identify either 
as the property of her brother. 

Testimony of Captain F. Monroe. 

Q. State whether yon had custody of the prisoners at 
the barsubsequent to their arrest. A. Yes sir. 

Q. Where? A. On board the monitors. 

Mr. Donner then desired to hand into court a writ- 
ten request from the prisoner Atzeroth that his con- 
fession to Captain F. Monroe be admitted. 

Counsel stated that he was aware that he had no 
legal right to insist upon tl^is and that he merely made 
a question for the liberality of the Court to decide. 

Judgelloltthenremarked:— "I think it is greatly to 
be deplored that counsel will urse such matters on this 
Court as they know and admit totie contrary to law." 

The Court then decided that tlie conlession should 
not be received, and Captain F.Monroe was.thereibre, 
dismissed from the stand. 

Charles -Sullivan, ex-Governor Farwell, and others, 
were then called on the part of the defense; but they 
not being present, the Cotu't adjourned till ten o'cloct 
to-morrow morning. 



Washington. May 31.— Before the Court to-day, the 
following evidence was elicited :— 

Testimony of Ilartman Rictaler. 

By Mr. Doster.— Q. State your residence. A. I re- 
side in Montgomery county, Maryland. 

Q. Are you a cousin of the prisoner Atzeroth? A. I 
am. 

Q. State whether the prisoner came to your house 
subsequent to the assassination of the President. A. 
He came there on Sunday evening. 

Q. Give the particulars of his visit. A. I met him 
as I was on my way to the Church; he remained in my 
house from Sunday evening until Thursday morning, 
about 3 or 4 o'clock, and during that time he did not 
make any attempt to hide himself, but walked about 
and worked in the garden a little. 

Q. Did you notice anything peculiar about hia ap- 
pearance when you first met him ? A. No sir; he 
looked the same as he always did when he came to 
see me. 

Q. Were yon present at his arrest? A. Wlien he was 
arrested in tho house I was down stairs, and he was 
up stairs. 

Q. Did he hesitate to go when they arrested him? A. 
He was very willing to go. 

Q. Do you know whether he was in possession of a 
large quantity of money? A. I do not. 

Q. Do you know anything about his reputation tar 
courage? A. No sir. 

Q. Did the prisoner have on an overcoat when he 
came to your house? A. When we arrested him In the 
morning he had on the same coat as he has now; It 
was a Kind of grey overcoat. 

Mr. Doster theii stated to the Court that all of tho 
witnesses summoned in tho case ot Atzeroth were not 
present, and that he could not proceed in theorder he 
desired until they were present. He intended to set 
up the plea of insanity, and had sent for friends and 
relatives ot the prisoner, who were to be broucht seve- 
ral thousand miles distant, who had not arrived. 

The delense then proceeded with the cases of the 
other prisoners. . 

Testimony of "William S. Arnold. 

By Mr. Ewing.— Q. What relation arc you to the pri- 
soner, Samuel Arnold? A. I am his brother. 

Q. Where do you reside? A. At llookstown, Mont- 
gomery county, Md. 



118 



TRIAL OF THE ASSASSINS AT TVASHIXGTON. 



O state wbat yon know.if anythincr. asto thewliere- 
aboutsof the prisoner from the 20tb of March last to 
the 1st ot April? A. From the 21st of March until 
Satnrdav, the 2-">lh. he remained in the country: he 
then went to Baltimore, and returned on the 2Gth, 
eolne a-ain to Baltimore ou theisih or 2.iih : on the 
Ifternoon of the 1st of April he started for Fortress 
Monroe: while in Baltimore he stayed at his lathers 
hoiise, and I saw him at home almost all the time I 

On the cross-examination of the witness, which was 
conducted by Assistant Judge Advocate Burnett, he 
stated that the onlv means by which he knew that the 
prisoner came to Ilookstown on the 2lst. w;is the fact 
that he had purchased some farming utensils on that 
day. and made an entry of the purchase in a hook 
which he kept at home. The pistol delivered to the 
witness by the prisoner on the 1st of April was loaded 
at the time. The prisoner had lired the loads out and 
reloaded it while in the country. 

Testimony of Frwnfe Arnold, 

By Mr. Ewin?.— This witness, in answer to a scries 
qT questions, testified thathe was a brother of the pri- 
soner. Samuel Arnold; that he lived in Baltimore 
county, and occasionally in the city, at his lather's 
house: that the prisoner slept with him on the nigliis 
OftheSOth and 3lst of March: and that, havin;? re- 
ceived a letter from a Mr. Wharton, at Fortress Mon- 
roe, to which gentleman he had made application lor a 
situation, he started to po to the Fortress on Satitrday 
ajfternoon, April 1st. about 4'^ o'clock. 

Testimony of Jacob Smith. 

By Mr. Ewing.— Tne substance of the testimony of 
tfiis witness may be summed up as follows:— lie re- 
sides at Ilookstown. Maryland, about half a mile from 
tie residence of Wm.S. Arnold, brother of the pri- 
soner, Samuel Arnold; saw the prisoner nearly every 
tlay between the 20th and 22d of March, and about the 
istof April. sometimes three or four times a day: occa- 
Sionallv at the house of his brother, and again while 
he woiild be crossing witness' farm. 

Cross-examined by Assistant Judge Advocate Bnr- 
nett.— r was not sure as to the day on whieli the pri- 
soner ■ame to Hookstown. having no means of ascer- 
taining positively: he may have staj-ed unlilthe 30th, 
or lelt before then. 

Testimony of Jotan T. Foi*<I. 

By Mr. Ewing.— Q. State where you reside. A. In 
the citv of Baltimore. 

Q. State whether or not yon are the proprietor of 
Fords Theatre. in the city of Washington. A. I am. 

Q. Are you acquainted with the prisoner, Edward 
^angler? A. I am. 

Q. How long has he been in yonr employ? A. I 
fhink from three to four years, at intervals, over two 
years continuously. 

Q. State whether yon were in or about the theatre or 
in this citj- at the time of the assassination of the 
Bresident. A. I was in the city of Eichmond on the 
day of the a.s.sassination; I arrived there about two 
o'clock on that day. 

\i. Were you acquainted with John 'U^ilkes Booth? 
A. I have known him since early cliildhood, since he 
was ten or eleven years of age, and intimately for sis 
or seven years. 

'Q. State whether yon have ever heard Booth speak 
of L'hester, and if so, in whatconinction? 

A.ssistant Judge Advocate Bingham objected to the 
<Juestion. and it was not pressed. 

'Q. State whether Booth ever applied to yon to era- 
pTloy Chester, who has been a witness for the prosecu- 
tipn, in your theatre? 

Assistant Judge Advocate Bingham objected to the 
question. 

■Mr. Ewing stated that the object of the inquiry was 
not to attack Chester, but rather to corroborate his as- 
sertions, and to show that at the same time that Booth 
was endeavoring to induce Chester to join a conspiracy 
for the capture of the President, he was also endeavor- 
ing to induce Mr. Ford to employ Chester, in orderlliat 
wheuonce in thetheatre he(Bootli)migiit usethcman 
a-s an instrument. This would go to Rtfi ct the case of 
Several of the prisoners at tliebar, particularly that bf 
Arnold, who. in his confession, stated that the plan 
was the capture of the President: and a'so the case of 
t)io prisoner Spangler, by showing that I'ooth was not 
able to get in the theatre any instrument to assist him 
In his purpose. ■* 

Assistant Judge Advocate Bingham stated that a 
parly who conspired to commit a crime might ap- 
proach the most upright man in till' land with whom, 
bclore his criminality was known, he mii^ht be on 
terms of intimacy. It was then the misfortune of 
Such a man. not his crime, to be approached in that 
way, but u did not follow because Booth approached 
this man Chester, that he (Booth), either living or 
dead, wa.s armed with the power of coming into a 
court of justice and proving what he said to that third 
person. 

Theobjection was then sustained, and the question 
was not put. 

Q. State what were the duties of the accased on the 
stage. A. The accused, Spangler, wa» employed as a 



stage hand, not as the stage carpenter; he was a la- 
borer, and his duties were to assist in getting the 
scenerj- into place, and removing it from the grooves, 
as the necessities of a play required; those were his 
duties at night: during the dav he was to assist in doing 
thorough carpenter work incidental to certain plays. 
Q. State whether his duties were such as to requ'ira 
his presence upon thestage during the whole of the 
play. A. Strictly.no sir; his absence for a moment 
might impair the success of the phiv, and cause dis- 
satistactioii among the audience; ills verv important 
lor the success of a play that the changing of thp 
scenery should be attended to promptlv irom the 
rising; to the falling of the curtain; there were intee- 
vals. it is t rue, but the prisoner could not judge exactly 
how long a scene might last. 

Q. State whether his constant presence during tha 
second scene of the third act of the A.nericun < husiit 
would be necessary. A. It would, unless he was ac- 
curately informed of the duration of that scene: it is 
rather a long scene; longer, perhaps, than an v other 
01 that act. 

Q. How is it with the firat scene? A. It is quicfe* 
but a lew moments; the other eight or ten minutes. 

Q. Howisic with thesecond act? A. The duration 
of a scene. 1 would say. depends in a great degree 
upon the activity of thepartios engaged in it; I hardly 
think there was an interval of more than five or eight 
minutes between those scenes. 

Q. Therefore the constant presence of Spangler 
upon the stage would have been necessary? A. It 
would. 

Q. What were his duties in the intervals between the 
scenes? A. To be prepared for the next change; to be 
ready with his scene and to remain at his post of dutv. 
as an emergency often arises during the performance 
of an act requiring extra service on his part. 

Q. State who had the regulation and control of tha 
passage-way through which Booth escaped. A. The 
stage manager directs and tha stage carpenter executes 
the work belonging to that i^art ot the theatre, and 
the entire stage. 

Q. State the names of those persons. A. John :a 
Wright was the stage manager, and James J. Giffori 
the stage carpenter. 

Q. Was the prisoner (Spangler) charged with the 
duty of keeping the passage-way in order? A. Itwaa 
no duty of his. unless specially assigned to him by the 
stage carpenter. 

<.l. State whether that passage-wav is usually ol>- 
structed in any way. A. It should never beobstnjctedi 
my positive orders were to keep it clear and in the heat 
order; it is a jiassage-way used by parties coming from 
the dressing-room and green-room, and in a play like 
that of the Amrriran C'oufin, in v,-]iich the ladies were 
in full dress, it was absolutcl.v necessary for a proper 
performance that there should be noobstruction ther^ 

Q. Do you know whether, as a matter of tact, that 
passage-way was kept clear by the stage manager? A, 
The stage manager was a very exact man in all thos? 
details; I have always found it clear, unless in the pen- 
formance of some spectacular play, when at times it 
would be partly encumbered. 

Q. State whether you ever knew Spangler to wear a 
moustache. A. Ineverdid. 

The witness was further examined. and the following 
testimony elicited:— The prisoner seemed toentertain 
a great admiration for Booth, who was a peculiarly 
fascinating man. and who seemed to exerei.se a controJ 
over the minds and i;ctions of his inferiors: he excelled 
in gymnastic exercises, and his leap frotn the Presi- 
dent's box to the stage was not one which required any 
rehearsal: he had often introduced a similar leap into 
the witch scene of .l/i(c'jryi; since the latter part of 
September last, during the entire theatrical seasoti, 
Biioth frequently visited the tlienlre. and had hislet> 
ters directed there: the prisoner (Spangler) had lived 
ill Baltimore, and considered that plare his home, 
usually spending his summer months tn the neighlX)*- 
hood of that city, engaged in fishing and cribbing. 

Tiieropo found in Spangler's carpet bag wa.s here 
shown to the witness, who testified that in his opinion 
it might have been used by the prisoner in catching 
crabs, thougli experienced crabbers used a much longot 
rope. Hehods'cn such a rope used by amateurs. In 
regard to his visit to Pichmond. the witness testified 
that his object in making the visit was to seo an uncle, 
a very aged man. and a mother-in law. who re'^ided 
there. He had not heard of the assassination of the 
President until the Sunday evening following, while 
on his return. 

Cross-examined by Judge Advocate Holt.— Conld not 
say positively whether tlie private boxes in the the- 
atre were ordinarily kept loclced: Mr. Oifford. tha 
stage carpenter, had control of such matters, and the 
keys of the boxes were kept by Mr. James O'Brien, 
the chief usher. The authorizcl parties having tickets 
for sale for those boxes on thedayof the assassina- 
tion were witness' brothers, James K. and Harry Clay 
Ford. The play of the American Or>u/tin. when first 
introduced, was an exceedingly jiopular play, but of 
late years had drawn only fair audiences. From the 
characters of the two men. and their relations to each 
other, witness believed Booth to have been capable of 
exercising a great influence, either for good or evil, 
over the prisoner (Spaoglor). 



TR-IAL OF THE ASSASSINS AT WASHINGTON. 



119 



The Court t^(■n took a rece«« till two o'clock, at 
which time the l;ody reiisseuiblea. 

llc-ox:»mana*fon of Mr. Ferguson. 

By Mr F.wing.—Q. Slate whether rlirectly alter the 
assassination ol-the President you saw Mr. StevvailKer 
upon thes'ase. A. I am not neqiiainted wit Jlr. Stew- 
art- after Bo, th pas=ed off I saw a Uirceniaii. m I'glit 
Clothes. Willi amonstiiche, jump upon t he stapte; a mo- 
ment afterwards Miss Harris called lor water in the 
box- this lirse mr.n, whoever he was. turned around 
ancl'looked towards the box: someone halloed, ciiioh 
him: Miss Laura Ke^ne ra sed her liands and said: We 
have caught him. or. We will catch him; I tlien ssw 
this roan run out: it was probably two or Ihr.^e 
minutes after Booth run out befoie he jumped upon 
the stage. , , , ^ . , ,_■ „ 

Q. Uad vnu seen anybody else run out before him? 
A. No one hut this mail Hawk. 

Q If any one had snne out before would you have 
seenhim? A. Ithinkso:! thouu'ht it was very singu- 
lar that no one trot on to UiestaLre. 

Cross-examined bv Judtce Bingham.— Q. On which 
BIdeofthedresscirclP were you? A. On the right side; 
Qp the samesido with the President's bo.x. 

Q. How near did vou sit to the iiri vate boxes on that 
Side? A. I w(>nt close to them, so near that I could not 
(See what was passing below distinctly; I saw Laura 
K.eene when she ran in. 

Hc-e.'sam illation of Mr. Best. 

By Mr. Kwin".— Q. State your business in Washing- 
ton. A. I am manager of Grover's Theatre. 

Q. State whf'ther vou were in the habit of seeing 
John Wilkes Booth during the last season, before the 
essassination of the President, and if so wlieihorhe 
made anv inquirv ofyou with regard to the President 
attending the t'.ieatre? A. I haveseenhimabontthere 
frequently, and he made such an inquiry the dav before 
the assassination; he came into the office some time 
quring thoa tcruoon of Thursday, and interruptfdme 
and the prompter or the theatre in reading the manu- 
ficrlpt; he sealed himself in a ehairand entered into a 
conversation npon the subject of the illumination: 
there was to he a general illuminntion of the city on 
Thursday: he asked me if I intended to illuminate; I 
told him I did to a certain extent, but my great il- 
lumination would he on the next night, in anniversary 
Of the fall ot Sumter; he asked me if X was going to in- 
•vite the President; I think my reply was 'yes, and 
{hat reminds me I must send that invitation:'' Iliad 
had it in mind for several days to invite the Presl- 
(Igntial party to atend on the night of the 14th. 

Q. Bid you in vit'' the President? A. I sent INIrs. Lin- 
COdnan invitation; my notes were generadv addressed 
to her as the best means of accomplishing the object. 

Q. Was there anything marked in Booth's manner 
d^makingthe inquiry? A. His manner struck meas 
rather peculiar; he must have observed that we were 
busy, and it was n't usual to come in and disturb ua; 
be 'pushed the matter so far that I got up, laid the 
manuscript away, and entered into conversation. 

Q. State whether or not it Is customary in theatres to 
keep the pas age-way between the scenes and the 
green-roomanddressing-roomciear. A. Yes; itshould 
be a point with the stage carpenter to keep thestage 
clear and the series put away: it depends somewhat 
upon how much room there is. 

Q. 'Would you consider three feet a wide or a narrow 
passage? A^ T shoold consider w rather narrow, but 
there are notwo theatres alikein that respect: it would 
be more nccc-sary tokeep the passage clear if it was 
narrow than if it was wide, of course. 

Q. Would you consider a leap frorn thesecond tier of 
boxes in Ford's Theatre to the stage an extraoi-dinarv 
or difficult one? A. From my present recollection I 
aliould say not very difficult. 

Q. State what lioxesthe President was in the habit 
Of occupying when he attended Grovor'.s Theatre. 

Question objected to by Judge Bingham as irrele- 
vant. 

Mr. Ewing stated that the object was to show that it 
was easier to escape from Ford's Theatre than firo- 
■ver's. as the reason why Ford's was selected by Booth 
for the accomplishment of his purpose. 

The objection was sustained by the Court. 
Testimony of II. A. James. 

By Mr. Ewing.— Q. State whether you were at 
Ford's Theatre when the President was assassinated. 
A. I was. 

Q. State the position of Piersoflf and Edward Spang- 
leratthe time it occurred, if you know what they 
■were A. I was standing on thestage ready to draw a 
flat, and Spangler-n-as standing right opposite to me 
cm the stage althe time I heard'theshot tired off. 

Q. From the position you were in could you see the 
President's box? A. I could not; neither could Spang- 
ler; ho was standing behind the scenes: he was on the 
same side with the President's box. and I was on the 
qpposite side. 

vj. When the shot was fired did you see what he 
<Jld? A. I did not: I didn't notice whether he removed 
ilway or remained. 

Q. What dJd you do yourself? A. I really do not 
know what I did; I was excited at the time: I did not 
go anywhere; I was stand jug there beUiud the curtain. 



■ Q. Which w.-vs nearer the door out oi' which Booth 
ran. you or Soanirler? A. I think I was marest the 
door, though there was very little difTeience. 

Q. Did you see Rnyljodv near Spangler at the time? 
A. I d d not. 

Q. H:k1 you seen him previously during the plav? A. 
1 had; ever.v lime the scene was to bo i-lianyed I saw 
him athispost; I did not notice him at anv ottier time. 
Q. What was the condition of the passage-way at 
that time? A. It was clear; it was the business of 
■-^pangler and myself to keep it clear; perhaps mote 
Siuin-ler's business than mine. 

Q.. Do you know whet her Spangler saw the President 
when lie entered? A. Yes: I was siandiug opposite 
Inm: I heard the applaiis... and Spangler applauded, 
with them, both with his hand-! and leet: hesi-emedra 
pleased as anybody to see the President come in. 
Testimony of F. II. nooley. 
By Mr. Doster— Q. State ycuir business in this city 
A. I keep a drug store on Seventh street, near the ave- 
nue. 

Q. Examine these articles, both brush ami liquorice, 
taken from Atzeroth.and see if .your trade marii is 
upon either of the articles. A. It is not. 

Testimony of II. I.. >In<l<I. 

By Mr. Kwing— Q. In your cross-examination day 
beiore yesterday, you stated that your brother. Dr. Siv- 
mu'-l Mudd. was a tenant of y<iur father; I wish you to 
stale what yuu mean by that? A. I was rather con- 
fused at the time, and do not Know exact Ij- what I 
meant: I suppo'^eihat to be a tenant a man must pay 
some rent: my brother never paid any rent nor any 
part of the proceeds of the farm. 

Q. Uow do you know thai? A. I know it very well; 
I kept all my father's accounts; the farm was always 
treated as my brother's. 

t'ross-examined by Colonel Burnside— Q. Did not the 
farm belong to yoiir father? A. I considered that it 
belonged to my brother. 

Q. Has he any title to it? A. Xo, my father has the 
title, but my brother has his word that it belongs to 
him. 

Q. Has he any title to it?, A. No: my father has the 
title, but my brother has his word that it belongs to 
him. 

Examination of I>r. Davis. 

By Mr. Stone.— Q. Where do you reside? A. In this 
city, near the Navy "V'ard. 

Q. Have yon ever been in tlie arra.v? A. T was in the 
Quartermaster's Department on (joneral Wood's staff 
during the Mexican war. 

Q. Do you know the prisoner, Harold? A. I ha^ve 
known him from early youth: part of the lime I lived 
next door to him, though for thelast several years I 
have lived I'ouror tlvesquares from him. 

Q. Stale what is his character. A. I do not know 
that I can state it in an.v better terms than that he is a 
boy: I consider that al I his life there has been ver;v lit- 
tle'of tlie man about him: from my knowledge ot him 
I should sav that nature has not endowed liim with as 
much intelligence as people generall.v have; I know 
his famUy well; I have always known them; I suppose 
lie 's about 2'2 years old. 

Cross-examined by Judge Bingham.— Q. Do yoti 
think that Harold has intellect enough to know that it 
is a great crime to commit murder? A. Heundoubt- 
etUy knows the difference between right and wrong. 
Testimony of Henry day For«l. 

Bv Mr. Ewing.— Q. What bus'ness were you engaged 
in immediatelv preceding the ■l4thof April last? A.I 
was trea-urer of Ford's Tlicatre. 

Q. When was it first kuowu there that the President 
was coming to the theatre that night? A. It was 
known tame about half-nast eleven o'clock:! had been 
to breakast and came back, and then learned that the 
President had engaged a box. 

Q. Statewhetlivr J. Wilkes Booth was at the theatre 
after that on that day, and if so. at wlie.t time? A. He 
was there at twelve o'clock; about half an hour alter I 
returned. .. „ .j .. 

Q Stale whether or not the fact that the President 
was coming to the theatre tliat night was communi- 
cated to Booth. A. T do not know; I did not tell him. 

Q. Did you see anything of Booth afterwards that 
day? A. Not until evening. 

Q. Did vou see him when you were going to tba 
theatre that day? A. No: I .saw him coming down the 
street. I think, as I stood in Ibedoorof the theatre; he 
commenced talking to some parties there; one of them 
went to the office and brought out a letter, wliicli he 
sat down and read oh the steps of ilieollice: this was 
about twelve o'clock, aud he stayed, I should think, 
abont half an hour. . 

Q .State what vou know about the preparations or 
the theatre for the reception of tlio President that 
night? A. When I got to the theatre my brother told 
me the President was to bo there that night; it was Mr. 
Kaybold's business to see at>out tliedecoratiiins of the 
ho.ic but ho had neura'gia in his lace that d ly, and I 
fixed it up: I found two flags wbi -h I looped up aud 
placed in position, then another flag came down h-om 
the Treasury Department, and I attendi-d ilio putting 
tho new flag ill the centre: I hadiv part of the lurni- 
ture chauged; a sofu and hieh-backed chair brought 



120 



TRIAL OF THE ASSASSINS AT WASHIXGTOX. 



from the Ptaere. and a rocking chair brought from my 
sleepi!i£r-room. tip stairs. 

Q. DiJ you rpceivo any suggestions from anybody as 
to the prei>aration of the box? A. Only trom Mr. Hay- 
bold and from the genlleman who brought the third 
flag down tlifrp. 

Q. Wliat li:i.l Spancjler to do with the decoration of 
the box? A. He took imt the partition belweei) the 
two boxes, leav ni; tlieni lioth in one. 

Q. Wai it usual to riMH ive t!ie i)artition on such opca- 
Blons? A. Ves. we always removed it when the Tresi- 
Uc-nt came tliere. 

Q. How many times had the President been at your 
th>^atre during" the wiuier and spring? A. I suppose 
about si.x times. 

Q. now did Spaneler come to go to the box? A. I 
euppo-i-" Jfr. Rayhold sent bira. 

Q. Was Spantrler in the bo.x duringthe timeyou were 
there decoratiMK it? A. No. he was at work on the 
Blapeat tliitt time: I called for a hammer aud uails, 
which he bunded up to nie. 

Q. Do you know whether he was apprised of the fact 
that the I're^iident was to come tliere that evening? A. 
Ilwknew tile I'resiUent was comiug, for betook out the 
pariiiion. 

Q. 1)0 you know whether there was any penknife 
used in the preparation ot the President's bo.\? A.I 
used apenkni ein cutting a string by which the pic- 
ture was tied: I forgot it and left it there. 

Q. Had the picture beeu there belbre? A. No. 

Q. Why was this chair brought from your sleeping 
room to the Presidenfs bo.x? A. For nothint; more 
than to initit with the ether furniture: it was a part of 
the.s iniesct of furniture whii;h wag originally placed 
in the reception room: but the ushers were in the habit 
of lounging in it, and I took it into my room. 

Q. D) you know whether Booth was in the habit of 
engaging any boxes at your theatre? A. Yes sir. 

(J. AViiat box IS it that he wa.s in the habit ot en- 
gagin'.;? A. The one he always engaged was number 
7, wiiich was part ot the box occupied by the President 
nearest the audience. 

Q. How often did he occupy that box during the sea- 
eon? A. He procured a box four or tive times; I do 
not know whether he ever occupied it or not. 

Q. Do you know whetlier Booth's spur caught in one 
of the flags as he leaped from the bo.x? A I did hear 
that it caught in the blue flag in the centre; I do aot 
know if. 

U. Who put that flag there? A. I did; it was the one 
obtained from the Treasury building. 

Q. NVas there anything special or unusual inthear- 
rungement of that box?" A. The picture had never 
bef-n placed in front of tlie box before: we mostly used 
smaller flags, but as General Grant was to come with 
the President iliat night, we borrowed thoseflags from 
the Treasur.y Department. 

Ci. Btate where you were during the performance of 
the vl;nMi«oi Cbuiiu, prior to the assassinatiou. A. In 
Uie ticket olTice. 

Q. Were you not on the pavement, in front, at ail 
duringthe performance. A. I suppose I must have 
pa.ssed in and out two or three times. 

ti. Did you see anvtiiing of the prisoner, Edward 
Spangler during thattime? A. No sir. 

Cross-examined by Judge Bingham.— Q. Do you 
know the fact that the other boxes in the theatre were 
or were not occupied that night? A. None were oc- 
cunied.I Ihtnk: I could tell by lookinr at the books. 

<■>. Do not von rememher boxi s being applied for 
and the answer being given that thev were all taken? 
A. None were applied for to me. 

Q. Did not you sell all the tickets? A. No; there 
were four of us. 

Q. Do you not know that Booth occupied the other 
boxes? A. No'jr: from mv informiition hedid not. 

Q. Or anybody e'se for him? A. No applications of 
any kind were made to me for tin m ; there may 
have been applications made that I know nothing 
about. 

U. State whetherthere were any mortices in the wall 
behind the Presidi nfs Sox when you was up there 
decorating it. A. There were not. 

Q. You linow there was one when the President was 
murdered: do you know it? A. I have heard so; I 
have not been in the box since. 

Q. Was there a bar there for the purpose of fastening 
the entrance to the door that afternoon? A. I saw 
none. 

Q. W